Valid from 04/04/2005
156Pre-sentence reports and other requirementsE+W
(1)In forming any such opinion as is mentioned in section 148(1), (2)(b) or (3)(b), section 152(2) or section 153(2), a court must 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.
(2)In forming any such opinion as is mentioned in section 148(2)(a) or (3)(a), the court may take into account any information about the offender which is before it.
(3)Subject to subsection (4), a court must obtain and consider a pre-sentence report before—
(a)in the case of a custodial sentence, forming any such opinion as is mentioned in section 152(2), section 153(2), section 225(1)(b), section 226(1)(b), section 227(1)(b) or section 228(1)(b)(i), or
(b)in the case of a community sentence, forming any such opinion as is mentioned in section 148(1), (2)(b) or (3)(b) or any opinion as to the suitability for the offender of the particular requirement or requirements to be imposed by the community order.
(4)Subsection (3) 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.
(5)In a case where the offender is aged under 18, the court must not form the opinion mentioned in subsection (4) 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.
(6)No custodial sentence or community sentence is invalidated by the failure of a court to obtain and consider a pre-sentence report before forming an opinion referred to in subsection (3), but any court on an appeal against such a sentence—
(a)must, subject to subsection (7), 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.
(7)Subsection (6)(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.
(8)In a case where the offender is aged under 18, the court must not form the opinion mentioned in subsection (7) 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.
Commencement Information
I1S. 156 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to art. 2(2), Sch. 2)