Criminal Justice Act 2003 (c. 44)

Part 12 U.K. Sentencing

Modifications etc. (not altering text)

C1 Pt. 12 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(4), 383 (as amended (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 23(2)(b)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C2 Pt. 12 (ss. 142-305) modified (4.4.2005) by The Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), art. 3 (as amended (E.W.) (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012 (S.I. 2012/2824), regs. 1, 3(1) (with reg. 3(2)))

Chapter 1 E+W General provisions about sentencing

Modifications etc. (not altering text)

C3 Pt. 12 Ch. 1: power to amend conferred (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 4(3), 153; S.I. 2009/3074, art. 2(d)

Procedural requirements for imposing community sentences and discretionary custodial sentences E+W

158 Meaning of “pre-sentence report” E+W

(1) In this Part “pre-sentence report” means a report which—

(a) with a view to assisting the court in determining the most suitable method of dealing with an offender, is made or submitted by an appropriate officer, and

(b) contains information as to such matters, presented in such manner, as may be prescribed by rules made by the Secretary of State.

[F1 (1A) Subject to any rules made under subsection (1)(b) and to subsection (1B), the court may accept a pre-sentence report given orally in open court.

(1B) But a pre-sentence report that—

(a) relates to an offender aged under 18, and

(b) is required to be obtained and considered before the court forms an opinion mentioned in section 156(3)(a),

must be in writing.]

(2) In subsection (1) “an appropriate officer” means—

(a) where the offender is aged 18 or over, an officer of a local probation board [F2 or an officer of a provider of probation services] , and

(b) where the offender is aged under 18, an officer of a local probation board [F3 , an officer of a provider of probation services] , a social worker of a local authority F4 . . . or a member of a youth offending team.

Textual Amendments

F1 S. 158(1A)(1B) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 12, 153; S.I. 2008/1586, art. 2(1), Sch. 1 para. 3

F2 Words in s. 158(2)(a) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 19(2)(a)

F3 Words in s. 158(2)(b) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 19(2)(b)

F4 Words in s. 158(2)(b) repealed (1.4.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 64, 67, Sch. 5 Pt. 4; S.I. 2005/394, art. 2(2)(g); S.I. 2006/885, art. 2(2)(h)

Modifications etc. (not altering text)

C4 S. 158(1) applied (with modifications) (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 257(1)-(3), 383 (with ss. 271(1), 385); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I1 S. 158 wholly in force at 4.4.2005; s. 158 not in force at Royal Assent, see s. 336(3); s. 158(1)(b) in force at 7.3.2005 by S.I. 2005/373, art. 2; s. 158 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to art. 2(2), Sch. 2)