CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 385 Secretary's report

CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 385

    (1)     If a person is brought or appears before the Court under section 384, the Secretary must prepare a report on the person including—

        (a)     the nature and circumstances of the breach of the probation order; and

        (b)     the extent to which and the manner in which the person has complied with the probation order; and

S. 385(1)(c) amended by No. 68/2009 s. 68(1)(f).

        (c)     the recommendation of the Secretary with respect to an appropriate sentence for the person; and

        (d)     any other relevant matter.

    (2)     Any statement made in a report under subsection (1) must be relevant to—

        (a)     the breach of the probation order; and

S. 385(2)(b) amended by No. 68/2009 s. 68(1)(f).

        (b)     the sentence (if any) recommended in the report.

    (3)     A report under subsection (1) must be provided, after the Court is satisfied that a person has failed to observe a condition, or amended condition, of the probation order and before the Court makes an order under section 384(5), to—

        (a)     the Court; and

        (b)     the person who is the subject of the report; and

        (c)     the legal practitioners representing the person; and

        (d)     any other person whom the Court has ordered is to receive a copy of the report.