10Matters to be taken into account

### 10 Matters to be taken into account > > (1)  In deciding whether to make an order under [section 6](#GS6@EN) or [7](#GS7@EN) in relation to an offence, the court may take into account the following: > > > > > > (a) any evidence given during proceedings for the offence; > > > > > > > (b) any document or record (including an electronic document or record) served on the offender by the prosecution; > > > > > > > (c) any statement tendered or deposition made, or exhibit tendered, at any proceedings in relation to the offence; > > > > > > > (d) any evidence given by a victim or the offender in relation to the making of the order; > > > > > > > (e) any pre-sentence report given to the court; > > > > > > > (f) any victim impact statement given to the court; > > > > > > > (g) any other matter the court considers relevant. > > > (2)  In deciding whether to make an order under [section 9](#GS9@EN) , the magistrate may take into account the following: > > > > > > (a) any evidence given during proceedings in relation to the offence referred to in [section 8(a)](#GS8@Hpa@EN) ; > > > > > > > (b) any document or record (including an electronic document or record) served on the offender by the prosecution; > > > > > > > (c) any statement tendered or deposition made, or exhibit tendered, at any proceedings in relation to the offence referred to in [section 8(a)](#GS8@Hpa@EN) ; > > > > > > > (d) any evidence given by a victim or the offender in relation to the making of the order; > > > > > > > (e) any pre-sentence report given to the court that sentenced the offender for the offence referred to in [section 8(a)](#GS8@Hpa@EN) ; > > > > > > > (f) any victim impact statement given to the court that sentenced the offender for the offence referred to in [section 8(a)](#GS8@Hpa@EN) ; > > > > > > > (g) any other matter that the magistrate considers relevant.