Matters to be taken into account
10 Matters to be taken into account
In deciding whether to make an order under section 6 or 7 in relation to an offence, the court may take into account the following:any evidence given during proceedings for the offence; any document or record (including an electronic document or record) served on the offender by the prosecution; any statement tendered or deposition made, or exhibit tendered, at any proceedings in relation to the offence; any evidence given by a victim or the offender in relation to the making of the order; any pre-sentence report given to the court; any victim impact statement given to the court; any other matter the court considers relevant.
In deciding whether to make an order under section 9, the magistrate may take into account the following:any evidence given during proceedings in relation to the offence referred to in section 8(a); any document or record (including an electronic document or record) served on the offender by the prosecution; any statement tendered or deposition made, or exhibit tendered, at any proceedings in relation to the offence referred to in section 8(a); any evidence given by a victim or the offender in relation to the making of the order; any pre-sentence report given to the court that sentenced the offender for the offence referred to in section 8(a); any victim impact statement given to the court that sentenced the offender for the offence referred to in section 8(a); any other matter that the magistrate considers relevant.
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