- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/10/2002)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 04/04/2005
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(1)Subject to subsection (2) below, a court shall obtain and consider a pre-sentence report before forming any such opinion as is mentioned in subsection (2) of section 79 or 80 above.
(2)Subsection (1) above does not apply if, in the circumstances of the case, the court is of the opinion that it is unnecessary to obtain a pre-sentence report.
(3)In a case where the offender is aged under 18 and the offence is not triable only on indictment and there is no other offence associated with it that is triable only on indictment, the court shall not form such an opinion as is mentioned in subsection (2) above unless—
(a)there exists a previous pre-sentence report obtained in respect of the offender; and
(b)the court has had regard to the information contained in that report, or, if there is more than one such report, the most recent report.
(4)In forming any such opinion as is mentioned in subsection (2) of section 79 or 80 above, a court—
(a)shall take into account all such information as is available to it about the circumstances of the offence or (as the case may be) of the offence and the offence or offences associated with it, including any aggravating or mitigating factors; and
(b)in the case of any such opinion as is mentioned in paragraph (b) of that subsection, may take into account any information about the offender which is before it.
(5)No custodial sentence shall be invalidated by the failure of a court to obtain and consider a pre-sentence report before forming an opinion referred to in subsection (1) above, but any court on an appeal against such a sentence—
(a)shall, subject to subsection (6) below, obtain a pre-sentence report if none was obtained by the court below; and
(b)shall consider any such report obtained by it or by that court.
(6)Subsection (5)(a) above does not apply if the court is of the opinion—
(a)that the court below was justified in forming an opinion that it was unnecessary to obtain a pre-sentence report; or
(b)that, although the court below was not justified in forming that opinion, in the circumstances of the case at the time it is before the court, it is unnecessary to obtain a pre-sentence report.
(7)In a case where the offender is aged under 18 and the offence is not triable only on indictment and there is no other offence associated with it that is triable only on indictment, the court shall not form such an opinion as is mentioned in subsection (6) above unless—
(a)there exists a previous pre-sentence report obtained in respect of the offender; and
(b)the court has had regard to the information contained in that report, or, if there is more than one such report, the most recent report.
(8)Section 156 below (disclosure of pre-sentence report to offender etc.) applies to any pre-sentence report obtained in pursuance of this section.
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