When judges sentence offenders, they have to take into account a number of factors. These are set out in the Sentencing Act. Among them are the offender's personal, family, whānau, community, and cultural background, particularly with a view to rehabilitation.
This background information comes in a variety of ways. One is by a report prepared by a probation officer. Another is in the form of submissions, affidavits and letters presented by counsel. Another is by the provision of background and "cultural" information.
An offender may request the court to hear any person called to speak on the personal, family, whānau, community and cultural background of that offender, as well as how that background may have related to the offence. This is set out in section 27 of the Sentencing Act.
Judges must hear persons called to provide this information unless there is a special reason for not doing so.
Section 27 provides a means of getting background information to the judge information that the judge must take into account. The provision has been around since 1985 but it has been underused.
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