PENALTIES AND SENTENCES ACT 1992 - SECT 15
Information or submissions for sentence
PENALTIES AND SENTENCES ACT 1992 - SECT 15
Information or submissions for sentence
15 Information or submissions for sentence
(1) In imposing a sentence on an offender, a court may receive any
information, including a report mentioned in the Corrective Services Act 2006, section 344 , or a sentencing submission made by a party to the proceedings,
that it considers appropriate to enable it to impose the proper sentence.
(1A) Also, without limiting subsection (1) , in imposing a sentence on an
offender, a court may receive any information, or a sentencing submission made
by a party to the proceedings, that the court considers appropriate to enable
it to decide—
(a) whether it may make a control order for the offender under
part 9D , division 3 ; or
(b) the appropriate conditions of a control order
it must, or may, make for the offender under part 9D , division 3 .
(2) An
authorised corrective services officer must not, in any information or report,
recommend that a fine option order or community based order should not be made
for an offender merely because of—
(a) any physical, intellectual or
psychiatric disability of the offender; or
(b) the offender’s sex,
educational level or religious beliefs.
(3) In this section—
"sentencing submission" , made by a party, means a submission stating the
sentence, or range of sentences, the party considers appropriate for the court
to impose.