Victorian Consolidated Legislation

Magistrates' Court Act 1989 - SECT 4Q

Sentencing procedure in Neighbourhood Justice Division

4Q. Sentencing procedure in Neighbourhood Justice Division



(1) This section applies to the Neighbourhood Justice Division when it is
considering which sentencing order to make in respect of a defendant.

(2) The Neighbourhood Justice Division may inform itself in any way it thinks
fit, including by considering a report prepared by, or a statement or
submission prepared or made to it by, or evidence given to it by-

   (a)  a Neighbourhood Justice officer; or

   (b)  a community corrections officer appointed under Part 4 of the
        Corrections Act 1986; or

   (c)  the Secretary to the Department of Human Services; or

   (d)  a health service provider; or

   (e)  a community service provider; or

   (f)  a victim of the offence; or

   (g)  anyone else whom the Division considers appropriate.

(3) Despite section 83A(1)(a) of the Sentencing Act 1991, the Neighbourhood
Justice Division may defer sentencing an offender under section 83A of that
Act even if the offender is 25 years of age or older.

(4) Nothing in this section affects the requirement to observe the rules of
natural justice.

(5) This section does not limit-

   (a)  any other power conferred on the Court by or under this or any other
        Act; or

   (b)  any other specific provision made by or under this or any other Act
        for the making of any report, statement or submission, or the giving
        of any evidence, to the Court for the purpose of assisting it in
        determining a sentence.