Community Based Corrections Act 1999 · As enacted · Part II · Community Based Correction Orders
6. Pre-sentence Report
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
If a court finds a person guilty of an offence, it may, before passing sentence on such person and for the purpose of -
determining whether it is suitable to enter a community based correction order in respect of the offender;
ascertaining whether there are facilities for carrying out such order.
Obtaining advice as to the most appropriate conditions that should be attached to the proposed order, require the Commissioner to furnish to court, a written or oral pre-sentance report on such offender on or before a specified date and at a specified place, and may adjourn proceedings to enable the report to be prepared:
Provided however that where the court adjourns proceedings as aforesaid, it shall fix the place, date and time for the passing of sentance.
If a court adjourns the sentancing of an offender under the provisions of this section it may release the offender on bail.
Where the Commissioner has been required to furnish a pre-sentence report, orally, the Commissioner shall present his report in open court, and the offender to whom the report relates or his or her attorney-at-law shall be entitled to challenge the contents of such report.
Where the Commissioner has been required to furnish his pre-sentence report in writing, the Commissioner shall, a reasonable time before the date fixed for the passing of sentance, cause a copy of his report to be made available, on such terms with regard to confidentiality as he deems fit, to the offender to whom the report relates or his or her attorney-at-law and to the Attorney-General.
If the offender or the Attorney-General disputes the whole or any part of the written pre-sentence report furnished to court by the Commissioner, he or she may file a motion in court indicating his or her intention to do so.
The court shall not take into consideration, for the purposes of sentence, a pre-sentence report in respect of which a motion has been filed under paragraph (b), unless the offender to whom the report relates or his or her attorney-at-law and the Attorney-General have been afforded an opportunity of leading evidence on disputed matters and of cross-examining the author of the report on its contents.
The Commissioner or any person authorized by him may make such inquiries and investigations as may be necessary (including the examination of any records relating to the offender), for the preparation of a pre-sentence report he is required to furnish to court.
Subject to any special directions given by court, a pre-sentence report furnished to court by the Commissioner in compliance with a requirement imposed on him under subsection (1), shall set out all such matters as appear to the
Commissioner to be relevant to the sentencing of the offender and as are readily ascertainable by him, including the following
:-
the age of the offender;
the social history and background of the offender
(including the names and ages of the persons who are dependant on the offender);
the medical and psychiatric history of the offender;
the educational background of the offender;
the employment history of the offender;
any other offences of which the offender has been found guilty or for which he or she is charged or indicted;
the extent to which the offender has complied with any earlier sentence or is complying with any sentence currently in force in respect of him or her;
the financial circumstances of the offender;
any special needs of the offender;
the employment history of the offender’s spouse and the income earned by him or her;
the courses, programmes, treatment or other assistance that could be made available to the offender and from which he or she may benefit;
the facilities available for the performance of unpaid community work.
Where the court takes into consideration, for the purposes of sentence, a pre-sentence report the contents of which have been disputed in whole or in part, the court shall record its reasons for doing so.
Part III