Youth Justice Act 2024

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—

the child has a relevant impairment; or

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

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

a pre-sentence report was prepared in respect of the child not more than 6 months earlier and—

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

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

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

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—

the timeliness of sentencing;

the likely length of any sentencing order;

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

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

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

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.