Australian Capital Territory Numbered Acts

CRIMES (SENTENCING) ACT 2005 (NO. 58 OF 2005) - SECT 97

    (1)     The court must not include a rehabilitation program condition in the good behaviour order unless—

        (a)     a pre-sentence report is given to the court about the offender's suitability to take part in a rehabilitation program; or

        (b)     there is some other information ( relevant sentencing information ) before the court about the nature of the program and its suitability for the offender that justifies including the condition in the good behaviour order.

Example of relevant sentencing information that may justify making an order

a letter offering the offender a place in a rehabilitation program that explains the nature of the program and why it would be suitable for the offender

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)     In deciding whether to include a rehabilitation program condition in the good behaviour order, the court must consider the following:

        (a)     any pre-sentence report or relevant sentencing information for the offender given to the court;

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

        (c)     any evidence given by the person who prepared a pre-sentence report for the offender or who gave relevant sentencing information to the court;

        (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)     The court may include, or decline to include, a rehabilitation program condition in the good behaviour order despite—

        (a)     any recommendation in any pre-sentence report, or indication in relevant sentencing information, about the offender's suitability to serve a sentence (or a part of a sentence) by taking part in a rehabilitation program; or

        (b)     any evidence given by the person who prepared any pre-sentence report for the offender or who gave relevant sentencing information to the court; or

        (c)     any evidence given by a corrections officer.

    (5)     The court must record reasons for its decision to include, or decline to include, a rehabilitation program condition in the good behaviour order if—

        (a)     any pre-sentence report recommends, or relevant sentencing information indicates, that the offender is suitable but the court decides not to include a rehabilitation program condition; or

        (b)     any pre-sentence report recommends, or relevant sentencing information indicates, that the offender is not suitable but the court decides to include a rehabilitation program condition.

    (6)     Failure to comply with subsection (5) does not invalidate the good behaviour order.