Victorian Current Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 430I

Court may order pre-sentence report

    (1)     If the appellate court finds a person guilty of an offence it may, before passing sentence, order the Secretary or the Secretary to the Department of Justice to submit a pre-sentence report in respect of the person and adjourn the proceeding to enable the report to be prepared.

    (2)     The appellate court must order a pre-sentence report if it is considering making a youth residential centre order or a youth justice centre order.

    (3)     If it appears to the appellate court that a person found guilty of an offence is intellectually disabled, the appellate court must, before passing sentence, order a pre-sentence report in respect of the person and adjourn the proceeding to enable the report to be prepared.

    (4)     If the Secretary has issued a statement in respect of the person that the person has an intellectual disability within the meaning of the Disability Act 2006 , a pre-sentence report prepared in accordance with an order under subsection (3) must—

        (a)     include a copy of the statement; and

        (b)     specify disability services which are—

              (i)     available under that Act and appropriate for the person; and

              (ii)     designed to reduce the likelihood of the person committing further offences.

    (5)     Sections 549 and 552 apply to pre-sentence reports under this Subdivision as if—

        (a)     a reference to a report to which Part 7.8 applies were a reference to a pre-sentence report under this Subdivision; and

        (b)     a reference to the child were a reference to the person; and

        (c)     a reference to the consent of the child's parent were omitted if the person is no longer a child at the time of the appeal.

Note

Section 549 requires a warning to be given to persons being interviewed in the course of the preparation of the report. Section 552 concerns the confidentiality of reports.

    (6)     Sections 573 and 575 apply to pre-sentence reports under this Division as if—

        (a)     a reference to the Court were a reference to the appellate court; and

        (b)     a reference to the child were a reference to the person; and

        (c)     the reference in section 575(1) to section 574 were a reference to section 430K.

Note

Section 573 specifies the contents of a pre-sentence report. Section 575 concerns access to a pre-sentence report.

S. 430J inserted by No. 68/2009 s. 69, amended by No. 1/2022 s. 51.



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