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CRIMES (SENTENCING PROCEDURE) ACT 1999 - SECT 17D

Requirement for assessment report

17D Requirement for assessment report

(1) The sentencing court must not make an intensive correction order in respect of an offender unless it has obtained a relevant assessment report in relation to the offender.
(1A) However, the sentencing court is not required to obtain an assessment report (except if required under subsection (2) or (4)) if it is satisfied that there is sufficient information before it to justify the making of an intensive correction order without obtaining an assessment report.
(2) The sentencing court must not impose a home detention condition on an intensive correction order unless it has obtained an assessment report relating to the imposition of such a condition in relation to the offender.
(3) The sentencing court must not request an assessment report relating to the imposition of a home detention condition on an intensive correction order unless it has imposed a sentence of imprisonment on the offender for a specified term.
(4) The sentencing court must not impose a community service work condition on an intensive correction order or community correction order unless it has obtained an assessment report relating to the imposition of such a condition in relation to the offender.
(5) The assessment reports referred to in this section may be in the 1 report or in more than 1 report.
Note--: See also sections 73A (3) and 89 (4) regarding the imposition of home detention conditions and community service work conditions.



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