A A report the court considers before sentencing a young person. It is usually prepared by the Department of Human Services (Victoria). includes information about the A person who has been charged with a criminal offence or against whom a civil action has been brought. that may be relevant to sentencing, including the defendant’s age, social history, medical history, education and employment history. The complete list is in section 8B of the Sentencing A written law made by parliament. Also called an ‘Act of parliament’, ‘statute’ or legislation..
The Magistrates’ An independent body that hears legal claims brought by parties and decides between them. Serious cases are heard by a judge and jury, or just a judge. Less-serious cases are heard by a magistrate. must order a pre-sentence report before imposing a community corrections order (unless the only condition is that the defendant serve up to 300 hours of unpaid community work), or a Youth Justice Centre order, or a Youth Residential Centre order (s 8A(2)). The court may order a pre-sentence report in any other case (s 8A(1)).
The pre-sentence report must be filed with the court. Copies must be given to the prosecutor, the (1) A defendant’s response to the legal claims made against them in court by a prosecutor or plaintiff. (2) A lawful excuse for conduct: for example, causing minor injuries to someone while saving them from certain death. (3) ‘The defence’ is also a way of referring to the defendant and their legal team. lawyer and (if the court directs) to the defendant (s 8(C)).
The prosecutor or defence lawyer may file with the court a notice of intention to dispute the pre-sentence report. This allows Material presented to a court to prove or disprove a fact. It can include what witnesses say as well as documents and other objects. to be called and cross-examined on the report (s 8(D)).