Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) In preparing the pre-sentence report for the offender, the assessor must include the following in the report:
(a) as far as practicable, details of—
(i) each of the pre-sentence matters that, on investigation, appears to be relevant; or
(ii) if the pre-sentence report order includes a direction under section 41 (2) (a)—each of the pre-sentence matters stated in the order;
(b) if the pre-sentence report order includes a direction under section 41 (2) (b)—the assessor's recommendation about the offender's suitability for a deferred sentence order;
(c) if the pre-sentence report order includes a direction under section 41 (2) (c)—the assessor's recommendation about the offender's suitability to serve a sentence (or a part of a sentence) in the way (or ways) stated in the direction;
(d) if the pre-sentence report order includes a direction under section 41 (2) (d)—as far as practicable, the matters stated in the direction.
Examples for par (c)
1 If the direction relates to periodic detention, the assessor may indicate the kind of conditions that might be recommended under section 11 (5).
2 If the direction relates to taking part in a rehabilitation program, the assessor may indicate the kinds of conditions (in addition to the rehabilitation program condition) that might be included under section 13 (3).
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(2) The assessor may also include in the pre-sentence report—
(a) if the pre-sentence report order includes a direction under section 41 (2) (b)—an indication of the kind of conditions that would be appropriate for the court to include in a deferred sentence order; and
(b) if the pre-sentence report order includes a direction under section 41 (2) (c)—an indication of the kind of conditions that would be appropriate for the court to recommend for a sentence (or a part of a sentence) to be served in the way (or ways) stated in the direction; and
(c) details of anything else the assessor considers relevant.
(3) For this section, the pre-sentence matters are—
(a) the core matters (see subsection (4)); and
(b) if the pre-sentence report order includes a direction under section 41 (2) (b)—the matters mentioned in section 116 (1) (Deferred sentence orders—eligibility); and
(c) if the pre-sentence report order includes a direction under section 41 (2) (c) about the offender's suitability to serve a sentence (or a part of a sentence) by—
(i) periodic detention—the matters mentioned in section 79 (Periodic detention—pre-sentence report matters); and
(ii) performing community service work—the matters mentioned in section 90 (Community service—pre-sentence report matters); and
(iii) taking part in a stated rehabilitation program—the matters mentioned in section 98 (Rehabilitation programs—pre-sentence report matters).
(4) For subsection (3) (a), the following are the core matters :
(a) the offender's age;
(b) the offender's social history and background (including cultural background);
(c) the offender's medical and psychiatric history;
(d) the offender's educational background;
(e) the offender's employment history;
(f) the circumstances of any offences for which the offender is to be sentenced;
(g) the extent to which the offender is complying, or has complied, with any sentence;
(h) the offender's financial circumstances;
(i) any special needs of the offender;
(j) any courses, programs, treatment, therapy or other assistance that is available to the offender and from which the offender may benefit;
(k) any risk assessments made of the likelihood that the offender will commit further offences or of things (including circumstances) that may make the offender more likely to commit further offences;
(l) the assessor's opinion, and the basis for the opinion, about—
(i) the offender's attitude to the offence; and
(ii) the need to protect victims of the offence from violence or harassment by the offender; and
(iii) anything that may make the offender more likely to commit further offences; and
Examples
1 dependence on alcohol or a controlled drug
2 a gambling addiction
3 association with particular people
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(iv) the likelihood that the offender may commit further offences; and
(v) whether it would be appropriate to refer the offender for restorative justice under the Crimes (Restorative Justice) Act 2004 .