10Matters to be taken into account

10 Matters to be taken into account

(1)  In deciding whether to make an order under section 6 or 7 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 , 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) ;

(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) ;

(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) ;

(f) any victim impact statement given to the court that sentenced the offender for the offence referred to in section 8(a) ;

(g) any other matter that the magistrate considers relevant.