Victorian Current Acts Victorian Current Acts(1) Subject to section 360, a pre-sentence report may set out all or any of the following matters but no others—
(a) the circumstances of the offence of which the child has been found guilty or any relevant offences of which the child has previously been found guilty, based on the agreed summary of facts;
(b) an analysis of the child's reasons for offending, the child's attitude towards the child's offending including—
(i) acknowledgement of responsibility or recognition of the impact of the child's offending on any victim of the offence of which the child has been found guilty; and
(ii) any steps taken by the child to address harm caused to any victim of the offence of which the child has been found guilty ;
(c) an analysis of the underlying causes of the child's offending;
(d) the extent to which the child has complied with any previous or current sentence;
(e) information about the child's participation in and completion of criminogenic intervention programs;
(f) information about the child's participation in activities that will support the child's positive development, including community, recreation, sporting, music and artistic activities;
(g) information about sentencing options that may be suitable for the child, including (if relevant)—
(i) a recommendation as to any conditions that would be appropriate to address the underlying causes of the child's offending; and
(ii) a plan for implementation of any supervised community-based order, including any courses, programs, treatment, therapy or other assistance that could be provided to the child;
(h) the child's education, training and employment history and circumstances including the child's learning capacity;
(i) whether the child has a relevant impairment and the support needs associated with the child's relevant impairment;
(j) information about the child's—
(i) age, maturity and stage of development; and
(ii) gender or gender identity; and
(iii) sexual orientation; and
(iv) Aboriginal identity; and
(v) cultural, racial or other identity and sense of belonging; and
(vi) religion;
(k) the child's mental health and any other health needs;
(l) particularly in the case of an Aboriginal child, the child's family, social and cultural background and circumstances;
(m) the child's history (if any) of abuse, trauma, neglect, loss or family violence;
(n) any relevant child protection matters involving the child or other involvement of child protection services in relation to the child including—
(i) any relevant protective intervention that has been taken in relation to the child under the Children, Youth and Families Act 2005 ; and
(ii) any relevant current or previous child protection orders; and
(iii) any relevant current child safety and wellbeing plans relating to the child under the Children, Youth and Families Act 2005 ; and
(iv) any other relevant history of the child's involvement with child protection services, and any proposed future involvement (if known);
(o) the child's living arrangements;
(p) the child's capacity to understand and comply with a sentencing order;
(q) any relationship between any of the characteristics and matters referred to in paragraphs (i) to (p);
(r) any other matter specified by the appellate court.
(2) A pre-sentence report may include information derived from an assessment of the child's risk of re-offending, if the information may otherwise be included in the pre-sentence report under subsection (1) or section 360, but must not include any score, assessment or rating of the child's risk of re-offending.
(3) Any statement made in a pre-sentence report must be relevant only to the offence of which the child has been found guilty in the proceeding before the Children's Court which is the subject of the appeal.
(4) If the pre-sentence report includes a recommendation for conditions under subsection (1)(g), it must state—
(a) whether, and if so where, the recommended service or program is available; and
(b) the proposed date of commencement of the child's participation in the recommended service or program; and
(c) the child's suitability for the recommended service or program; and
(d) the child's attitude towards the recommended service or program.
(5) In this section—
"child protection order" means—
(a) an order made under Part 4.8 of the Children, Youth and Families Act 2005 ; or
(b) a protection order; or
(c) a permanent care order.