Victorian Current Acts Victorian Current Acts(1) If the appellate court finds a child guilty of an offence, before passing sentence, it must order the Secretary to prepare a pre-sentence report if the appellate court is considering making—
(a) a youth justice custodial order; or
(b) a youth control order; or
(c) a youth supervision and support order.
(2) Despite subsection (1), the appellate court may determine not to order the Secretary to prepare a pre-sentence report if—
(a) a pre-sentence report was prepared in respect of the child not more than 6 months earlier and—
(i) the appellate court considers that a new pre-sentence report is unnecessary; and
(ii) the child consents to the use of that earlier pre-sentence report in determining the sentence to be imposed for the offence; or
(b) the appellate court is satisfied that it would not be in the interests of justice to order a pre-sentence report.
(3) If the appellate court determines not to order a pre-sentence report under subsection (2)(a), the appellate court may take into account the previous pre-sentence report in determining what sentence to impose on the child for the offence.