Victorian Current Acts

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SENTENCING ACT 1991 - SECT 8A

Court may order pre-sentence report

    (1)     If a court finds a person guilty of an offence, before passing sentence the court may order a pre‑sentence report in respect of the offender and adjourn the proceeding to enable the report to be prepared.

    (2)     A court must order a pre-sentence report if it is considering making a community correction order, a youth justice centre order or a youth residential centre order so that it may—

        (a)     establish the person's suitability for the order being considered; and

        (b)     establish that any necessary facilities exist; and

        (c)     if the order being considered is a community correction order, gain advice concerning the most appropriate condition or conditions to be attached to the order.

    (3)     A court is not required to order a pre-sentence report under subsection (2) if it is considering making a community correction order with an unpaid community work condition of up to a maximum of 300 hours as the sole condition attached to the order.

    (4)     If a court orders a pre-sentence report, it must be prepared by—

        (a)     the Secretary to the Department of Human Services if the court is considering making a youth justice centre order or a youth residential centre order; or

        (b)     the Secretary in any other case.

    (5)     The author of a pre-sentence report must conduct any investigation that he or she thinks appropriate or that is directed by the court.

S. 8B inserted by No. 65/2011 s. 7.



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