Western Australian Current Acts

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SENTENCING ACT 1995 - SECT 21

21 .         Pre-sentence report, content of

        (1)         When ordering a pre-sentence report a court may give instructions as to the issues to be addressed by the report.

        (2)         In the absence of specific instructions from the court that ordered it, a pre-sentence report is to set out matters about the offender that are, by reason of this Act or sentencing practice, relevant to sentencing the offender or to the making of a reparation order under Part 16.

        (2a)         If the court gives instructions that it do so, a pre-sentence report is to set out matters that are relevant to the making of an offender reporting order under section 13 of the Community Protection (Offender Reporting) Act 2004 in respect of the offender.

        (3)         A pre-sentence report may include reports as to the physical or mental condition of the offender, whether or not the court has asked for them.

        [Section 21 amended: No. 72 of 2004 s. 116(2).]



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