357Pre-sentence report must be ordered if child has or appears to have a relevant impairment

357 Pre-sentence report must be ordered if child has or appears to have a relevant impairment

(1) If the appellate court finds a child guilty of an offence, before passing sentence, it must order the Secretary to prepare a pre-sentence report if—

(a) the child has a relevant impairment; or

(b) it appears to the appellate court that the child has a relevant impairment.

(2) Despite subsection (1), the appellate court may determine not to order the Secretary to prepare a pre-sentence report if—

(i) the appellate court considers that a new pre-sentence report is unnecessary; and

(ii) the child consents to the use of that earlier pre-sentence report in determining the sentence to be imposed for the offence; or

(b) the child has a relevant impairment and the appellate court is satisfied that a pre-sentence report is unnecessary; or

(c) the appellate court is satisfied that it would not be in the interests of justice to order a pre-sentence report having regard to the following—

(i) the timeliness of sentencing;

(ii) the likely length of any sentencing order;

(iii) whether the child is being held in custody or on remand;

(iv) other information or reports available to the appellate court that the court may take into account in determining what sentence to impose;

(v) if assessment or diagnosis of the child is required, the time required to obtain that assessment or diagnosis.

(3) If the appellate court determines not to order a pre-sentence report under subsection (2)(a), the appellate court may take into account the previous pre-sentence report in determining what sentence to impose on the child for the offence.