Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) In deciding whether to make a deferred sentence order for the offender, the court must consider the following:
(a) any pre-sentence report about the offender;
Note The court may order a pre-sentence report under s 41.
(b) any evidence given by the person who prepared a pre-sentence report for the offender;
(c) any evidence given by a corrections officer about the offender.
(2) Subsection (1) does not limit the matters that the court may consider.
(3) The court may make, or decline to make, a deferred sentence order despite—
(a) any recommendation in any pre-sentence report about the offender's suitability for a deferred sentence order; or
(b) any evidence given by the person who prepared any pre-sentence report for the offender or a corrections officer.
(4) The court must record reasons for its decision to make a deferred sentence order if—
(a) any pre-sentence report recommends that the offender is suitable but the court decides not to make a deferred sentence order; or
(b) any pre-sentence report recommends that the offender is not suitable but the court decides to make a deferred sentence order.
(5) Failure to comply with subsection (4) does not invalidate a deferred sentence order.