Victorian Repealed Acts

This legislation has been repealed.

Children and Young Persons Act 1989 - SECT 54

Contents of pre-sentence report

54. Contents of pre-sentence report



(1) A pre-sentence report may set out all or any of the following matters but
no others-

   (a)  the sources of information on which the report is based;

   (b)  the circumstances of the offence of which the child has been found
        guilty;

   (c)  any previous sentencing orders in respect of the child involving the
        Secretary;



   (d)  the family circumstances of the child;

   (e)  the education of the child;

   (f)  the employment history of the child;

   (g)  the recreation and leisure activities of the child;

   (h)  medical and health matters relating to the child.

(2) Any statement made in a pre-sentence report must be relevant-

   (a)  to the offence of which the child has been found guilty in the
        proceeding before the Court; and

   (b)  to the sentencing order (if any) recommended in the report.

(3) The author of a pre-sentence report may, in his or her report, recommend
an appropriate sentencing order for the child who is the subject of the
report.

(4) If a recommendation is made under sub-section (3) for a probation order, a
youth supervision order or a youth attendance order, it must state-

   (a)  whether, and if so where, the recommended service or program is
        available; and

   (b)  the proposed date of commencement of the child's participation in the
        recommended service or program; and

   (c)  the child's suitability for the recommended service or program; and

   (d)  the child's attitude towards the recommended service or program.