Criminal Justice Act 2003

156 Pre-sentence reports and other requirements E+W

(1) In forming any such opinion as is mentioned in section 148(1) [F1 or (2)(b),], section 152(2) or section 153(2), [F2 or in section 1(4)(b) or (c) of the Criminal Justice and Immigration Act 2008 (youth rehabilitation orders with intensive supervision and surveillance or fostering),] 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) F3 ... , 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), [F4 section 226A(1)(b) or section 226B(1)(b)], or

(b) in the case of a community sentence, forming any such opinion as is mentioned in section 148(1) [F5 or (2)(b), or in section 1(4)(b) or (c) of the Criminal Justice and Immigration Act 2008,] or any opinion as to the suitability for the offender of the particular requirement or requirements to be imposed by the community order [F6 or youth rehabilitation 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.

[F7 (9) References in subsections (1) and (3) to a court forming the opinions mentioned in sections 152(2) and 153(2) include a court forming those opinions for the purposes of section 224A(3).]

[F8 (10) The reference in subsection (1) to a court forming the opinion mentioned in section 153(2) includes a court forming that opinion for the purposes of section 226A(6) or 226B(4).]

Textual Amendments

F1 Words in s. 156(1) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 77(2)(a) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xiii)

F2 Words in s. 156(1) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 77(2)(b) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xiii)

F3 Words in s. 156(2) repealed (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 149, 153, Sch. 4 para. 77(3), Sch. 28 Pt. 1 (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xiii)(u)(xxxi)

F4 Words in s. 156(3)(a) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 21 para. 22(2); S.I. 2012/2906, art. 2(s)

F5 Words in s. 156(3)(b) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 77(4)(a) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xiii)

F6 Words in s. 156(3)(b) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 77(4)(b) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xiii)

F7 S. 156(9) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 19 para. 13; S.I. 2012/2906, art. 2(q)

F8 S. 156(10) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 21 para. 22(3); S.I. 2012/2906, art. 2(s)

Commencement Information

I1 S. 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)