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Crimes (Sentencing) Act 2005
42Pre-sentence reports by assessors
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42 Pre-sentence reports by assessors
(1) A pre-sentence report must address—
(a) each pre-sentence report matter, or any other matter, stated in
the court order for the report; and
(b) any other pre-sentence report matter, or any other matter, that,
on investigation, appears to the assessor to be relevant.
(2) If a court order directs that a pre-sentence report deal with an
offender’s suitability for a deferred sentence, the report must also—
(a) address the matters mentioned in section 116 (1) (Deferred
sentence orders—eligibility); and
(i) the offender’s suitability for a deferred sentence; and
(ii) any condition that might be included in a deferred sentence
(3) If a court order directs that a pre-sentence report deal with an
offender’s suitability for serving all, or any part, of a sentence by
community service work under a good behaviour order, the report
must also—
(a) address the matters mentioned in section 90 (Good behaviour
orders—community service—pre-sentence report matters); and
(i) the offender’s suitability for serving all or any part of a
sentence by community service work under a good
behaviour order; and
(ii) any condition that might be appropriate for a community
service condition.
(4) If a court order directs that a pre-sentence report deal with an
offender’s suitability for serving all, or any part, of a sentence by
undertaking a rehabilitation program under a good behaviour order,
the report must also—
(a) address the matters mentioned in section 98 (Good behaviour
orders—rehabilitation programs—pre-sentence report matters);
and
(i) the offender’s suitability for serving all or any part of a
sentence by undertaking a rehabilitation program under a
good behaviour order; and
(ii) any condition that might be appropriate for a rehabilitation
program condition.