Section 110 — Sentencing Act 2002: Order to come up for sentence if called on

110 Order to come up for sentence if called on (1) If a person is convicted of an offence, a court before which the offender appears for sentence may, instead of imposing sentence, order the offender to appear for sentence if called on to do so within the period described in subsection (2) . (2) The period referred to in subsection (1) is a period, not exceeding 1 year commencing with the date of conviction, that the court may specify in the order. (3) A court making an order under this section may— (a) make an order for the payment of costs or for the restitution of any property; or (b) make any order for the payment of any sum that the court thinks fair and reasonable to compensate any person who, through, or by means of, the offence, has suffered— (i) loss of, or damage to, property; or (ii) emotional harm; or (iii) loss or damage consequential on any emotional or physical harm or loss of, or damage to, property. (3A) If the court is considering making an order under subsection (3)(b) , it may order a report to be prepared under section 33 as if the court were considering imposing a sentence of reparation. (4) Despite subsection (3)(b) , the court must not order the payment of compensation in respect of any emotional harm, or loss or damage consequential on emotional harm, unless the person who suffered the emotional harm is a person described in paragraph (a) of the definition of victim in section 4 . (5) Despite subsection (3)(b) , the court must not order the payment of compensation in respect of any consequential loss or damage described in subsection (3)(b)(iii) for which the court believes that a person has entitlements under the Injury Prevention, Rehabilitation, and Compensation Act 2001 . (6) When determining the amount of compensation to be paid, the court must take into account any offer, agreement, response, measure, or action as described in section 10 . (7) Nothing in section 320 of the Injury Prevention, Rehabilitation, and Compensation Act 2001 applies to sentencing proceedings. Compare: 1985 No 120 s 21(1) , (2) Subsection (3A) was inserted, as from 7 July 2004, by section 15 Sentencing Amendment Act 2004 (2004 No 68).