sec.165Presentence referrals

### sec.165 Presentence referrals This section applies if the court makes a presentence referral. On making the referral, the court may— give the directions it considers appropriate to the child or the chief executive; and adjourn the proceeding for the offence. If the chief executive returns the referral under section 32 (1) , the court must proceed with sentencing the child for the offence. If a restorative justice agreement is made as a consequence of the referral, the chief executive must— give the court a copy of the agreement; and inform the court of any obligations of the child under the agreement that have already been performed. If a restorative justice agreement is given to the court under subsection (4) , the court must give a copy of the agreement as soon as practicable to— the prosecution; and if the child is represented by a lawyer—the lawyer. In sentencing the child for the offence, the court must have regard to— the child’s participation in the relevant restorative justice process; and the child’s obligations under the restorative justice agreement; and anything done by the child under the restorative justice agreement; and any information provided by the chief executive about sentencing the child. s 165 prev s 165 ins 1996 No. 22 s 43 amd 2002 No. 39 s 62 ; 2009 No. 34 s 22 om 2012 No. 41 s 21 pres s 165 ins 2016 No. 39 s 23 (sec.165-ssec.1) This section applies if the court makes a presentence referral. (sec.165-ssec.2) On making the referral, the court may— give the directions it considers appropriate to the child or the chief executive; and adjourn the proceeding for the offence. (sec.165-ssec.3) If the chief executive returns the referral under section 32 (1) , the court must proceed with sentencing the child for the offence. (sec.165-ssec.4) If a restorative justice agreement is made as a consequence of the referral, the chief executive must— give the court a copy of the agreement; and inform the court of any obligations of the child under the agreement that have already been performed. (sec.165-ssec.5) If a restorative justice agreement is given to the court under subsection (4) , the court must give a copy of the agreement as soon as practicable to— the prosecution; and if the child is represented by a lawyer—the lawyer. (sec.165-ssec.6) In sentencing the child for the offence, the court must have regard to— the child’s participation in the relevant restorative justice process; and the child’s obligations under the restorative justice agreement; and anything done by the child under the restorative justice agreement; and any information provided by the chief executive about sentencing the child. - (a) give the directions it considers appropriate to the child or the chief executive; and - (b) adjourn the proceeding for the offence. - (a) give the court a copy of the agreement; and - (b) inform the court of any obligations of the child under the agreement that have already been performed. - (a) the prosecution; and - (b) if the child is represented by a lawyer—the lawyer. - (a) the child’s participation in the relevant restorative justice process; and - (b) the child’s obligations under the restorative justice agreement; and - (c) anything done by the child under the restorative justice agreement; and - (d) any information provided by the chief executive about sentencing the child.