89Good behaviour orders—community service—suitability

89 Good behaviour orders—community service—suitability (1) The court must not include a community service condition in the good behaviour order unless a pre-sentence report is given to the court about the offender’s suitability to serve a sentence (or a part of a sentence) by performing community service work. (2) In deciding whether to include a community service condition in the good behaviour order, the court must consider the following: (a) the pre-sentence report; (c) any evidence given by the person who prepared the pre-sentence report;

(4) In considering the pre-sentence report, the court must consider any indicators of unsuitability mentioned in table 90, column 3 that are stated in the report to apply to the offender. (5) The court may include, or decline to include, a community service condition in a good behaviour order for the offender despite— (a) any recommendation in the pre-sentence report about the offender’s suitability to serve a sentence (or a part of a sentence) by performing community service work; or (b) any evidence given by the person who prepared the pre-sentence report or a corrections officer. (6) The court must record reasons for its decision to include, or decline to include, a community service condition in the good behaviour (a) the pre-sentence report recommends that the offender is suitable but the court decides not to include a community service condition; or (b) the pre-sentence report recommends that the offender is not suitable but the court decides to include a community service condition. (7) Failure to comply with subsection (6) does not invalidate the good

Part 6.1 Good behaviour orders—community service conditions