Armed Forces Act 2006

256 Pre-sentence reports U.K.

(1) Subject to subsection (2), a court must obtain and consider a pre-sentence report before—

(a) forming any such opinion as is mentioned in—

• section 242(1) or 243(2) (service detention);

• section 260(2) or 261(2) (custodial sentence); or

• section 265(1) (dismissal or dismissal with disgrace);

(b) forming any such opinion as is mentioned in section 270(1) or (2)(b) (community punishment) or any opinion as to the suitability for the offender of the particular requirement or requirements to be included in a community punishment; or

(c) forming the required opinion for the purposes of [F1 section 219(1), [F2 219A(1)], 221(1) or [F3 221A(1)] (sentences for dangerous offenders).]

(2) Subsection (1) 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) Where the offender is aged under 18, the court must not form the opinion mentioned in subsection (2) 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) No sentence is invalidated by a failure of a court to obtain and consider a pre-sentence report before doing any of the things mentioned in paragraphs (a) to (c) of subsection (1).

(5) However, any court on appeal against a custodial sentence in respect of a service offence, a sentence of dismissal or dismissal with disgrace, a sentence of service detention or a community punishment—

(a) must (subject to subsection (6)) obtain a pre-sentence report if none was obtained by the court below; and

(b) must consider any such report obtained by it or by that court.

(6) Subsection (5)(a) 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) Where the offender is aged under 18, the court must not form the opinion mentioned in subsection (6) 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) Subsections (5) to (7) do not apply to the Summary Appeal Court on an appeal to it.

(9) Subsections (1) to (4) do apply to the Summary Appeal Court in relation to a sentence of service detention, but as if the opinions referred to in subsection (1)(a) were any such opinion as is mentioned in section 242(4) or 243(3).

[F4 (10) The reference in subsection (1)(a) to a court forming any such opinion as is mentioned in section 260(2) or 261(2) includes a court forming such an opinion for the purposes of section 218A(4).]

Textual Amendments

F1 Words in s. 256(1)(c) substituted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 20; S.I. 2009/1028, art. 2(b)

F2 Word in s. 256(1)(c) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 22 para. 33(2)(a); S.I. 2012/2906, art. 2(t)

F3 Word in s. 256(1)(c) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 22 para. 33(2)(b); S.I. 2012/2906, art. 2(t)

F4 S. 256(10) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 22 para. 33(3); S.I. 2012/2906, art. 2(t)

Commencement Information

I1 S. 256 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I2 S. 256 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4