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CRIMES (SENTENCING PROCEDURE) ACT 1999 - SECT 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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