Victorian Current Acts

YOUTH JUSTICE ACT 2024 - SECT 357

    (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—

        (a)     the child has a relevant impairment; or

        (b)     it appears to the appellate court that the child has a relevant impairment.

    (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 child has a relevant impairment and the appellate court is satisfied that a pre-sentence report is unnecessary; or

        (c)     the appellate court is satisfied that it would not be in the interests of justice to order a pre-sentence report having regard to the following—

              (i)     the timeliness of sentencing;

              (ii)     the likely length of any sentencing order;

              (iii)     whether the child is being held in custody or on remand;

              (iv)     other information or reports available to the appellate court that the court may take into account in determining what sentence to impose;

              (v)     if assessment or diagnosis of the child is required, the time required to obtain that assessment or diagnosis.

    (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.