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Powers of Criminal Courts Act 1973 (repealed)
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Changes over time for: Section 45
Version Superseded: 01/10/1992
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- 01/02/1991- Amendment
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Point in time - 01/10/1992- Amendment
- Stop date 25/08/2000- Amendment
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45 Social inquiry report before sentence.E+W
(1)The Secretary of State may by rules make provision requiring that in any case to which the rules apply a court of any prescribed class shall before passing on any person a sentence to which the rules apply consider a social inquiry report, that is to say a report about him and his circumstances, made by a probation officer or any other person authorised to do so by the rules.
(2)Rules under this section may apply to a sentence of imprisonment or detention of any class prescribed by the rules and may make different provision for different cases.
(3)No sentence shall be invalidated by the failure of a court to consider a social inquiry report in accordance with rules under subsection (1) above, but any other court on appeal from that court shall consider such a report in determining whether a different sentence should be passed on the appellant from the sentence passed on him by the court below.
(4)In this section “sentence of imprisonment or detention” means a sentence of imprisonment, . . . F1 or a sentence of detention passed under section 53 of the M1Children and Young Persons Act 1933 (young offenders convicted of grave crimes).
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F1Words repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16
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