CRIMES (SENTENCING) ACT 2005 - SECT 133ZB Accommodation orders—suitability

CRIMES (SENTENCING) ACT 2005 - SECT 133ZB

    (1)     In deciding whether to make an accommodation order for a young offender, the court must consider the following:

        (a)     any pre-sentence report or relevant sentencing information for the young offender given to the court;

        (b)     any medical report about the young offender given to the court;

        (c)     any evidence given by the person who prepared a pre-sentence report for the young offender or who gave relevant sentencing information to the court;

        (d)     any evidence given by the CYP director-general about the young offender.

    (2)     Subsection (1) does not limit the matters that the court may consider.

    (3)     The Court may make, or decline to make, an accommodation order, for a young offender despite—

        (a)     any recommendation in any pre-sentence report, or indication in relevant sentencing information, about the appropriateness of an accommodation order for the young offender; or

        (b)     any evidence given by the person who prepared any pre-sentence report for the young offender or who gave relevant sentencing information to the court; or

        (c)     any evidence given by the CYP director-general about the young offender.

    (4)     The Court must record reasons for its decision in relation to a young offender if—

        (a)     a pre-sentence report recommends, or relevant sentencing information indicates, that an accommodation order be made for the young offender but the court does not make an accommodation order; or

        (b)     a pre-sentence report recommends, or relevant sentencing information indicates, that an accommodation order not be made for the young offender but the court makes an accommodation order.

    (5)     Failure to comply with subsection (4) does not invalidate the accommodation order.