Queensland Numbered Acts

YOUTH JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2019 - SECT 20

20 Amendment of s 151 (Pre-sentence report)

(1) Section 151 —
insert—

(1A) Before making the order, the court must consider whether a pre-sentence report is the most efficient and effective way to obtain information relevant to the sentencing of the child.

(1B) However, subsection (2) does not apply if the court considers it may be required, under section 203 or 207, to make the order.

(2) Section 151 (2) , ‘ subsection (9) ’—
omit, insert—
subsection (10)

(3) Section 151 —
insert—

(3A) Also, the court may ask that the pre-sentence report be given to the court within a stated period that is reasonable, having regard to the likely complexity of the report.

(4) Section 151 (6) , after ‘report’—
insert—
, other than a condition that the child must wear a tracking device while on release

(5) Section 151 (7) to (9) —
omit, insert—

(7) If an order is made under subsection (1), the chief executive must—

(a) give the court a written pre-sentence report in relation to the child; or

(b) give the court further written material to be considered with another pre-sentence report given to the court for another sentencing of the child.

(8) However, subsection (10)(b) applies only if the other sentencing of the child happens or happened not more than 6 months before the sentencing to which the order relates.

(9) The pre-sentence report or further material must be given to the court—

(a) within the period stated by the court under subsection (6); or

(b) if no period has been stated by the court—as soon as practicable after the order is made.

(10) If the chief executive gives the court further material under this section—

(a) the chief executive is taken to have complied with the order; and

(b) the further material together with the other pre-sentence report are taken to be a pre-sentence report for this part.

(6) Section 151 (1A) to (10) —
renumber as section 151 (2) to (13) .