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CORRECTIVE SERVICES ACT 2006 - SECT 344 Pre-sentence report

CORRECTIVE SERVICES ACT 2006 - SECT 344

Pre-sentence report

344 Pre-sentence report

(1) When required to do so by a court, the chief executive must prepare a pre-sentence report for the court about a stated person convicted of an offence.
(2) A pre-sentence report may, for example, state the person’s criminal or traffic history obtained under section 342 or 343 .
(3) If the court proposes to grant bail to the person, the court must order the person to report to the chief executive within a stated time.
(4) The pre-sentence report must be—
(a) given to the court within 28 days; and
(b) if the report is in writing, given in triplicate.
(5) The court must give a copy of a pre-sentence report to—
(a) the prosecution; and
(b) the convicted person’s lawyers.
(6) The court must ensure the prosecution and lawyers have sufficient time before the proceedings to consider and respond to the report.
(7) The court may order that the report, or part of the report, not be shown to the convicted person.
(8) The copy of the report must be returned to the court before the end of the proceedings.
(9) A report purporting to be a pre-sentence report made by the chief executive is evidence of the matters contained in it.
(10) An objection must not be taken or allowed to the evidence on the ground that it is hearsay.