Australian Capital Territory Numbered Acts

CRIMES (SENTENCING) ACT 2005 (NO. 58 OF 2005) - SECT 78

    (1)     The court must not set a periodic detention period for the offender unless a pre-sentence report is given to the court about the offender's suitability to serve a sentence (or a part of a sentence) by periodic detention.

    (2)     In deciding whether to set a periodic detention period for the offender, the court must consider the following:

        (a)     the pre-sentence report;

        (b)     any medical report about the offender given to the court;

        (c)     any evidence given by the person who prepared the pre-sentence report;

        (d)     any evidence given by a corrections officer about the offender.

    (3)     Subsection (2) does not limit the matters that the court may consider.

    (4)     In considering the pre-sentence report, the court must consider any indicators of unsuitability mentioned in table 86, column 3 that are stated in the report to apply to the offender.

    (5)     The court may set, or decline to set, a periodic detention period for the offender despite—

        (a)     any recommendation in the pre-sentence report about the offender's suitability to serve a sentence (or a part of a sentence) by periodic detention; or

        (b)     any evidence given by the person who prepared the pre-sentence report or a corrections officer.

    (6)     The court must record reasons for its decision to set, or decline to set, a periodic detention period for the offender if—

        (a)     the pre-sentence report recommends that the offender is suitable but the court decides not to set a periodic detention period for the offender; or

        (b)     the pre-sentence report recommends that the offender is not suitable but the court decides to set a periodic detention period for the offender.

    (7)     Failure to comply with subsection (6) does not invalidate the periodic detention order.