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CRIMES (SENTENCING) ACT 2005 - SECT 42

Pre-sentence reports by assessors

    (1)     A pre-sentence report must address—

        (a)     each pre-sentence report matter, or any other matter, stated in the court order for the report; and

        (b)     any other pre-sentence report matter, or any other matter, that, on investigation, appears to the assessor to be relevant.

    (2)     If a court order directs that a pre-sentence report deal with an offender's suitability for a deferred sentence, the report must also—

        (a)     address the matters mentioned in section 116 (1) (Deferred sentence orders—eligibility); and

        (b)     include the assessor's recommendation about—

              (i)     the offender's suitability for a deferred sentence; and

              (ii)     any condition that might be included in a deferred sentence order.

    (3)     If a court order directs that a pre-sentence report deal with an offender's suitability for serving all, or any part, of a sentence by community service work under a good behaviour order, the report must also—

        (a)     address the matters mentioned in section 90 (Good behaviour orders—community service—pre-sentence report matters); and

        (b)     include the assessor's recommendation about—

              (i)     the offender's suitability for serving all or any part of a sentence by community service work under a good behaviour order; and

              (ii)     any condition that might be appropriate for a community service condition.

    (4)     If a court order directs that a pre-sentence report deal with an offender's suitability for serving all, or any part, of a sentence by undertaking a rehabilitation program under a good behaviour order, the report must also—

        (a)     address the matters mentioned in section 98 (Good behaviour orders—rehabilitation programs—pre-sentence report matters); and

        (b)     include the assessor's recommendation about—

              (i)     the offender's suitability for serving all or any part of a sentence by undertaking a rehabilitation program under a good behaviour order; and

              (ii)     any condition that might be appropriate for a rehabilitation program condition.



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