Australian Capital Territory Current Acts

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CRIMES (SENTENCING) ACT 2005 - SECT 89

Good behaviour orders—community service—suitability

    (1)     The court must not include a community service condition in the good behaviour order unless a pre-sentence report is given to the court about the offender's suitability to serve a sentence (or a part of a sentence) by performing community service work.

    (2)     In deciding whether to include a community service condition in the good behaviour order, the court must consider the following:

        (a)     the pre-sentence report;

        (b)     any medical report about the offender given to the court;

        (c)     any evidence given by the person who prepared the pre-sentence report;

        (d)     any evidence given by a corrections officer about the offender.

    (3)     Subsection (2) does not limit the matters that the court may consider.

    (4)     In considering the pre-sentence report, the court must consider any indicators of unsuitability mentioned in table 90, column 3 that are stated in the report to apply to the offender.

    (5)     The court may include, or decline to include, a community service condition in a good behaviour order for the offender despite—

        (a)     any recommendation in the pre-sentence report about the offender's suitability to serve a sentence (or a part of a sentence) by performing community service work; or

        (b)     any evidence given by the person who prepared the pre-sentence report or a corrections officer.

    (6)     The court must record reasons for its decision to include, or decline to include, a community service condition in the good behaviour order if—

        (a)     the pre-sentence report recommends that the offender is suitable but the court decides not to include a community service condition; or

        (b)     the pre-sentence report recommends that the offender is not suitable but the court decides to include a community service condition.

    (7)     Failure to comply with subsection (6) does not invalidate the good behaviour order.



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