(1) If a court finds a person guilty of an offence, before passing sentence the court may order a pre‑sentence report in respect of the offender and adjourn the proceeding to enable the report to be prepared.
(2) A court must order a pre-sentence report if it is considering making a community correction order, a youth justice centre order or a youth residential centre order so that it may—
(a) establish the person's suitability for the order being considered; and
(b) establish that any necessary facilities exist; and
(c) if the order being considered is a community correction order, gain advice concerning the most appropriate condition or conditions to be attached to the order.
(3) A court is not required to order a pre-sentence report under subsection (2) if it is considering making a community correction order with an unpaid community work condition of up to a maximum of 300 hours as the sole condition attached to the order.
(4) If a court orders a pre-sentence report, it must be prepared by—
(a) the Secretary to the Department of Human Services if the court is considering making a youth justice centre order or a youth residential centre order; or
(b) the Secretary in any other case.
(5) The author of a pre-sentence report must conduct any investigation that he or she thinks appropriate or that is directed by the court.
S. 8B inserted by No. 65/2011 s. 7.