SENTENCING ACT 1991 - SECT 8G Disputed drug and alcohol assessment report

SENTENCING ACT 1991 - SECT 8G

    (1)     The prosecution or the defence may file with the court a notice of intention to dispute the whole or any part of a drug and alcohol assessment report.

    (2)     If a notice is filed under subsection (1) before sentencing is to take place, the court must not take the report or the part in dispute (as the case requires) into consideration when determining sentence unless the party that filed the notice has been given the opportunity—

        (a)     to lead evidence on the disputed matters; and

        (b)     to cross-examine the author of the report on its contents.

S. 8H inserted by No. 65/2011 s. 7.