414Pre-sentence report must be ordered if Children's Court is considering certain orders

414 Pre-sentence report must be ordered if Children's Court is considering certain orders

(1) If the Children's Court finds a child guilty of an offence, before passing sentence, the Court must order the Secretary to prepare a pre-sentence report if the Court is considering making—

(a) a youth justice custodial order; or

(b) a youth control order; or

(2) Despite subsection (1), the Children's Court may determine not to order the Secretary to prepare a pre-sentence report if—

(i) the 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 Court is satisfied that it would not be in the interests of justice to order a pre-sentence report.

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

(4) This section does not apply in respect of a child who has a relevant impairment or who appears to the Children's Court to have a relevant impairment.