40APre-sentence report matters

40A Pre-sentence report matters For this part, each of the following is a pre-sentence report matter in relation to the offender: (a) the offender’s age; (b) the offender’s social history and background (including cultural background); (c) the offender’s medical and psychiatric history; (d) the offender’s educational background; (e) the offender’s employment history; (f) the extent to which the offender is complying, or has complied, with any sentence;

(g) the offender’s financial circumstances; (h) any special needs of the offender; (i) any courses, programs, treatment, therapy or other assistance that is available to the offender and from which the offender may benefit; (j) any risk assessments made of the likelihood that the offender will commit further offences or of things (including circumstances) that may make the offender more likely to commit further offences; (k) whether the offender— (i) is addicted to, or misuses, alcohol or a controlled drug; and (ii) has been assessed, treated or monitored by the court alcohol and drug assessment service under section 40B; (l) the opinion of the assessor preparing a pre-sentence report for the offender in relation to an offence, and the basis for the opinion, about the following: (i) the offender’s attitude to the offence; (ii) the need to protect victims of the offence from violence or harassment by the offender; (iii) anything that may make the offender more likely to commit further offences; Examples—par (iii) 1 dependence on alcohol or a controlled drug 2 a gambling addiction 3 association with particular people (iv) the likelihood that the offender may commit further offences;

(v) whether it would be appropriate to refer the offender for restorative justice under the Crimes (Restorative Justice) Act 2004. Note See s 133E for additional pre-sentence report matters for young