Section 88 — Sentencing Act 2002: Offender must be notified that sentence of preventive detention will be considered, and reports must be obtained

88 Offender must be notified that sentence of preventive detention will be considered, and reports must be obtained (1) A sentence of preventive detention must not be imposed unless— (a) the offender has been notified that a sentence of preventive detention will be considered, and has been given sufficient time to prepare submissions on the sentence; and (b) the court has considered reports from at least 2 appropriate health assessors about the likelihood of the offender committing a further qualifying sexual or violent offence. (2) Despite anything in section 38(1) and (5) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 ,— (a) the court may, for the purposes of obtaining the report referred to in subsection (1)(b) , exercise all or any of the powers conferred by section 38(2) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 ; and (b) section 38(4) and sections 40 to 46 of that Act apply, so far as they are applicable and with any necessary modifications, to the offender and any report so obtained. (3) To avoid doubt, a health assessor's report under subsection (1)(b) may take into account any statement of the offender or any other person concerning any conduct of the offender, whether or not that conduct constitutes an offence and whether or not the offender has been charged with, or convicted of, an offence in respect of that conduct. Subsection (2) was amended, as from 1 September 2004, by section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115) by substituting the words “ section 38(1) and (5) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 ” for the words “ section 121(1) of the Criminal Justice Act 1985 ” . See clause 2 Criminal Procedure (Mentally Impaired Persons) Act Commencement Order 2004 (SR 2004/147). Subsection (2)(a) was amended, as from 1 September 2004, by section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115) by substituting the words “ section 38(2) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 ” for the words “ section 121(2) of the Criminal Justice Act 1985 ” . See clause 2 Criminal Procedure (Mentally Impaired Persons) Act Commencement Order 2004 (SR 2004/147). Subsection (2)(b) was amended, as from 1 September 2004, by section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115) by substituting the words “ section 38(4) and sections 40 to 46 ” for the words “ subsections (2A) to (13) of section 121 and sections 122 and 123 ” . See clause 2 Criminal Procedure (Mentally Impaired Persons) Act Commencement Order 2004 (SR 2004/147). Section 88(3): added, on 1 October 2007, by section 47 of the Sentencing Amendment Act 2007 (2007 No 27).