South Australian Current Acts

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 269R

269R—Reports and statements to be provided to court

        (1)         For the purpose of assisting the court to determine proceedings under this Subdivision, the Crown must provide the court with a report setting out, so far as reasonably ascertainable, the views of—

            (a)         the next of kin of the defendant; and

            (b)         the victim (if any) of the defendant's conduct; and

            (c)         if a victim was killed as a result of the defendant's conduct—the next of kin of the victim.

        (2)         A report is not, however, required under subsection (1) if the purpose of the proceeding is—

            (a)         to determine whether a defendant who has been released on licence should be detained or subjected to a more rigorous form of supervision; or

            (b)         to vary, in minor respects, the conditions on which a defendant is released on licence.

        (3)         If a court is fixing a limiting term in proceedings under this Subdivision relating to an alleged indictable offence or prescribed summary offence, a person who has suffered injury, loss or damage resulting from the defendant's conduct may furnish the court with a statement of a kind referred to in section 14 of the Sentencing Act 2017 (a "victim impact statement"), as if the defendant had been convicted of the offence and the court was determining sentence (and the court must deal with the statement in all respects as if it were a statement furnished under that section).

        (4)         However, the court need not comply with section 14(4) and (5) of the Sentencing Act 2017 if the court is satisfied that—

            (a)         the defendant is incapable of understanding the victim impact statement; or

            (b)         having regard to the nature of the defendant's mental impairment, it would be inappropriate for the defendant to be present.

        (5)         If a court is fixing a limiting term in proceedings under this Subdivision, the Crown or the Commissioner for Victim's Rights may furnish the court with a statement of a kind referred to in section 15 of the Sentencing Act 2017 (a "neighbourhood impact statement" or a "social impact statement") as if the court were determining sentence for an offence (and the court must deal with the statement in all respects as if it were a statement furnished under that section).

        (6)         In this section—

"prescribed summary offence" has the same meaning as in section 14 of the Sentencing Act 2017 .