Pre-sentence report matters
40A Pre-sentence report matters
For this part, each of the following is a pre-sentence report matter in relation to the offender:
the offender’s age;
the offender’s social history and background (including cultural background);
the offender’s medical and psychiatric history;
the offender’s educational background;
the offender’s employment history;
the extent to which the offender is complying, or has complied, with any sentence;
the offender’s financial circumstances;
any special needs of the offender;
any courses, programs, treatment, therapy or other assistance that is available to the offender and from which the offender may benefit;
any risk assessments made of the likelihood that the offender will commit further offences or of things (including circumstances) that may make the offender more likely to commit further offences;
whether the offender—
is addicted to, or misuses, alcohol or a controlled drug; and
has been assessed, treated or monitored by the court alcohol and drug assessment service under section 40B;
the opinion of the assessor preparing a pre-sentence report for the offender in relation to an offence, and the basis for the opinion, about the following:
the offender’s attitude to the offence;
the need to protect victims of the offence from violence or harassment by the offender;
anything that may make the offender more likely to commit further offences;
Examples—par (iii)
1 dependence on alcohol or a controlled drug
2 a gambling addiction
3 association with particular people
the likelihood that the offender may commit further offences;
whether it would be appropriate to refer the offender for restorative justice under the Crimes (Restorative Justice) Act 2004.
See s 133E for additional pre-sentence report matters for young offenders.
This Act’s bill:Explanatory statementSecond reading speech
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