Victorian Current Acts

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Contents of pre-sentence report

    (1)     A pre-sentence report may set out all or any of the following matters which, on investigation, appear to the author of the report to be relevant to the sentencing of the offender and are readily ascertainable by him or her—

        (a)     the age of the offender;

        (b)     the social history and background of the offender;

        (c)     the medical and psychiatric history of the offender;

        (d)     any alcohol, drug and any other substance history disclosed by the offender;

        (e)     the educational background of the offender;

        (f)     the employment history of the offender;

        (g)     the circumstances of any other offences of which the offender has been found guilty and which are known to the court;

        (h)     the extent to which the offender is complying with any sentence currently in force in respect of him or her;

              (i)     the financial circumstances of the offender;

        (j)     the ability of the offender to pay a bond;

        (k)     any special needs of the offender;

        (l)     any other services that address the risk of recidivism from which the offender may benefit;

        (m)     any courses, programs, treatment, therapy or other assistance that could be available to the offender and from which he or she may benefit;

        (n)     the relevance and appropriateness of any proposed condition;

        (o)     the capacity of the offender to perform unpaid community work for any proposed unpaid community work condition;

        (p)     the recommended duration of any intensive compliance period fixed under a community correction order;

S. 8B(1)(pa) inserted by No. 32/2013 s. 24.

        (pa)     if a monitored condition is proposed in relation to a community correction order

              (i)     the suitability of the offender to be electronically monitored;

              (ii)     the availability of appropriate resources or facilities, including but not limited to devices or equipment, for the offender to be electronically monitored;

              (iii)     the appropriateness of the offender being electronically monitored in all the circumstances;

        (q)     the appropriateness of confirming an existing order that applies to the offender;

        (r)     any other information that the author believes is relevant and appropriate.

    (2)     The author of a pre-sentence report must include in the report any other matter relevant to the sentencing of the offender which the court has directed to be set out in the report.

S. 8C inserted by No. 65/2011 s. 7.

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