(1) Where a court makes an order convicting a person of an offence in respect of which the person is liable to both a term of imprisonment and a fine, the court may, subject to subsection (2) -
(a) impose a fine on that person in respect of the offence, and
(b) make an order -
(i) deferring the passing of a sentence of imprisonment for the offence, and
(ii) specifying the term of imprisonment that it would propose to impose on the person in respect of that offence should he or she fail or refuse to comply with the conditions specified in the order.
(2) A court shall not perform functions under subsection (1) unless it is satisfied that -
(a) the person concerned consents to the sentence of imprisonment being deferred,
(b) the person gives an undertaking to comply with any conditions specified in an order made under subsection (1)(b), and
(c) having regard to the nature of the offence concerned and all of the circumstances of the case, it would be in the interests of justice to so do.
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