Queensland Consolidated Acts

YOUTH JUSTICE ACT 1992 - SECT 151

151 Pre-sentence report

(1) A court, before it sentences a child found guilty of an offence, may order the chief executive to give to the court a pre-sentence report concerning the child.

(2) Before making the order, the court must consider whether a pre-sentence report is the most efficient and effective way to obtain information relevant to the sentencing of the child.

(3) However, subsection (2) does not apply if the court considers it may be required, under section 203 or 207 , to make the order.

(4) Subject to subsection (10) , the report must be made for the purpose of the sentencing of the child for the offence.

(5) The court may request that the report contain specified information, assessments and reports relating to the child or the child’s family or other matters.

(6) Also, the court may ask that the pre-sentence report be given to the court within a stated period that is reasonable, having regard to the likely complexity of the report.

(7) The pre-sentence report may not contain the chief executive’s opinion on what impact an order under section 234 may have on the child.

(8) Pending the giving of a pre-sentence report, the court may adjourn the proceeding and remand the child in custody or exercise the powers conferred by part 5 to grant bail to and release the child from custody.

(9) In releasing the child from custody, the court may impose conditions that it considers necessary to facilitate the preparation of the pre-sentence report, other than a condition that the child must wear a monitoring device while on release.

(10) If an order is made under subsection (1) , the chief executive must—

(a) give the court a written pre-sentence report in relation to the child; or

(b) give the court further written material to be considered with another pre-sentence report given to the court for another sentencing of the child.

(11) However, subsection (10) (b) applies only if the other sentencing of the child happens or happened not more than 6 months before the sentencing to which the order relates.

(12) The pre-sentence report or further material must be given to the court—

(a) within the period stated by the court under subsection (6) ; or

(b) if no period has been stated by the court—as soon as practicable after the order is made.

(13) If the chief executive gives the court further material under this section—

(a) the chief executive is taken to have complied with the order; and

(b) the further material together with the other pre-sentence report are taken to be a pre-sentence report for this part.