AustLII Tasmanian Consolidated Acts

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SENTENCING ACT 1997 - SECT 82

Court may order pre-sentence report

(1)  A court that finds an offender guilty of an offence may, before passing sentence –
(a) receive an oral statement of a probation officer; or
(b) order a pre-sentence report and adjourn the proceedings to enable the report to be prepared.
(1A)  If an offender pleads guilty to an indictable offence before a court of summary jurisdiction, the court, on committing the offender to the Supreme Court for sentencing, may order a pre-sentence report to be prepared for consideration by the Supreme Court.
(1B)  On ordering a pre-sentence report, the court may require the report to be prepared by such person, body or organisation, or a person, body or organisation of a class, that the court considers appropriate.
(2)  The court may direct that particular matters are to be investigated for the purposes of the pre-sentence report and may give such other directions as it considers necessary or appropriate in connection with the report.
(3)  If the matters the court wishes to have investigated include the medical, psychological or psychiatric condition of the offender, the court may further direct that the offender submit to an assessment for that purpose and the court may give such other directions in relation to the nature and means of obtaining the assessment as the court considers necessary or appropriate.
(4)  The author of a pre-sentence report –
(a) may conduct any investigation that he or she thinks necessary or appropriate for the purposes of the report; and
(b) must conduct any investigation required by the court in such manner as the court may direct.



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