Australian Capital Territory Numbered Acts

CRIMES (SENTENCING) ACT 2005 (NO. 58 OF 2005) - SECT 41

    (1)     Before sentencing the offender, a court may—

        (a)     by order (a pre-sentence report order ) direct the chief executive to prepare a report under this part (a pre-sentence report ) for the offender; and

        (b)     adjourn the proceeding for the report to be prepared.

Note     If a form is approved under the Court Procedures Act 2004 for a pre-sentence report order, the form must be used (see that Act, s 8 (2)).

    (2)     The court may, in the pre-sentence report order, direct that the pre-sentence report deal with any of the following:

        (a)     only with the pre-sentence matters under section 42 (3) stated in the order;

        (b)     the offender's suitability under this Act for a deferred sentence order;

        (c)     the offender's suitability under this Act to serve a sentence (or a part of a sentence) in a stated way, including any of the following:

              (i)     by periodic detention;

              (ii)     by performing community service work;

              (iii)     by taking part in a stated rehabilitation program;

        (d)     anything else stated in the direction.

    (3)     The chief executive must arrange for an assessor to prepare a pre-sentence report for the offender.

    (4)     In this part:

"assessor" means a person to whom the chief executive has, under the Public Sector Management Act 1994 , delegated the chief executive's function under this part to prepare the pre-sentence report.

Note     For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.