Youth Justice Act 1997
36Disputed presentence report
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36 Disputed presentence report
(1) [Section 36 Subsection (1) amended by No. 67 of 2004, Sched. 1, Applied:30 Mar 2005] The youth, his or her legal representative or the prosecutor may dispute the whole or any part of a presentence report or rehabilitation program assessment.
(2) [Section 36 Subsection (2) amended by No. 67 of 2004, Sched. 1, Applied:30 Mar 2005] [Section 36 Subsection (2) amended by No. 67 of 2004, Sched. 1, Applied:30 Mar 2005] If the whole or any part of a presentence report or rehabilitation program assessment is disputed before sentencing is to take place, the Court must not take the report or assessment or part in dispute into consideration when determining sentence unless the person who raised the dispute has been given the opportunity –
(a) to lead evidence on the disputed matters; and
(b) [Section 36 Subsection (2) amended by No. 67 of 2004, Sched. 1, Applied:30 Mar 2005] to cross-examine the author of the report or assessment on its contents.