New South Wales Consolidated Acts

CRIMES (SENTENCING PROCEDURE) ACT 1999 - SECT 17C

17C Request for assessment report

(1) Except as provided by section 17D--

(a) the sentencing court may request, but is not obliged to request, an assessment report on an offender, and

(b) such a request may be made at the following times only--

(i) after finding an offender guilty of an offence and before a sentence is imposed,

(ii) during sentencing proceedings after a sentence of imprisonment has been imposed on the offender,

(iii) during proceedings to impose, vary or revoke an additional or further condition on a community correction order or conditional release order that has been made in respect of the offender,

(iv) during proceedings to correct a sentencing error in accordance with section 43,

(v) during proceedings to re-sentence an offender after a court has revoked the offender's community correction order or conditional release order,

(vi) during proceedings to determine an appeal against a sentence,

(vii) any other times prescribed by the regulations.

(2) If a court refers an offender for assessment in relation to a sentence and a sentence of imprisonment has been imposed in respect of the offence concerned--

(a) the referral stays the execution of the sentence and the operation of section 48, and

(b) the offender is to be remanded in custody, or granted bail in accordance with the Bail Act 2013 ,

until the court decides whether or not to make an intensive correction order.