Victorian Current Acts

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SENTENCING ACT 1991 - SECT 176

Circumstances in which oral pre-sentence report may be given

    (1)     The Secretary may give an oral pre-sentence report in respect of a young offender if—

        (a)     the court is satisfied that it is not reasonably practicable for a pre‑sentence report to be prepared due to the impact of the COVID-19 pandemic; and

        (b)     subject to subsection (2), a previous pre‑sentence report has been prepared in respect of the young offender during the 6 month period before the day on which the court proposes to order an oral pre-sentence report; and

        (c)     the young offender consents to the giving and consideration of an oral pre‑sentence report instead of a pre‑sentence report; and

        (d)     the Secretary consents to the giving and consideration of an oral pre-sentence report instead of a pre-sentence report; and

        (e)     the court is satisfied that it is in the interests of justice to consider an oral pre-sentence report instead of a pre‑sentence report in passing sentence on the young offender.

    (2)     Subsection (1)(b) does not apply to a person who is of or over the age of 20 years and 6 months on the day on which the court proposes to order an oral pre-sentence report.

S. 177 inserted by No. 11/2020 s. 42.



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