Section 33 — Sentencing Act 2002: Court may order reparation report

33 Court may order reparation report (1) If the court considers that a sentence of reparation may be appropriate, the court may order a probation officer, or any other person designated by the court for the purpose, to prepare a reparation report for the court in accordance with section 34 on all or any of the following matters: (a) in the case of loss of or damage to property, the value of that loss or damage and any consequential loss or damage: (b) in the case of emotional harm, the nature of that harm and the value of any consequential loss or damage: (c) in the case of any loss or damage consequential on physical harm,— (i) the nature and value of the loss or damage; and (ii) the extent to which the person who suffered the loss or damage is likely to be covered by entitlements under the Injury Prevention, Rehabilitation, and Compensation Act 2001 : (d) the financial capacity of the offender: (e) the maximum amount that the offender is likely to be able to pay under a sentence of reparation: (f) the frequency and magnitude of any payments that should be required under a sentence of reparation, if provision for payment by instalments is thought desirable. (2) The court may decline to seek a report under subsection (1) and impose a sentence of reparation without further inquiry if— (a) the court is satisfied as to the amount of reparation that the offender should pay; or (b) the type of information referred to in a reparation report is available through other means (including, without limitation, a declaration made following a direction under section 41 ); or (c) in all the circumstances the court considers that a report is unnecessary. (3) For the purposes of the preparation of a reparation report, a court may direct the offender to make a declaration as to his or her financial capacity in accordance with section 42 . Compare: 1985 No 120 s 22(3) Subsection (1) was amended, as from 7 July 2004, by section 4(1) Sentencing Amendment Act 2004 (2004 No 68) by substituting the words “ may be appropriate ” for the words “ should be imposed ” . Subsection (1)(b) was amended, as from 7 July 2004, by section 4(2)(a) Sentencing Amendment Act 2004 (2004 No 68) by inserting the words “ the value of ” after the word “ and ” . Subsection (1)(c)(i) was amended, as from 7 July 2004, by section 4(2)(b) Sentencing Amendment Act 2004 (2004 No 68) by inserting the words “ and value ” after the word “ nature ” .