Sentencing Act 2020

33 Appeals: requirements relating to pre-sentence reports E+W

(1) Any court, on an appeal against a custodial sentence or a community sentence, must—

(a) subject to subsection (2) or (3), obtain a pre-sentence report if none was obtained by the court below, and

(b) consider any such report obtained by it or by the court below.

(2) If the offender is aged 18 or over, the court need not obtain a pre-sentence report if it considers—

(a) that the court below was justified in not obtaining a pre-sentence report, or

(b) that, in the circumstances of the case at the time it is before the court, it is unnecessary to obtain a pre-sentence report.

(3) If the offender is aged under 18, the court need not obtain a pre-sentence report if—

(a) there exists a previous pre-sentence report obtained in respect of the offender, and

(b) the court considers, having had regard to the information contained in that report or, if there is more than one, the most recent report—

(i) that the court below was justified in not obtaining a pre-sentence report, or

(ii) that, in the circumstances of the case at the time it is before the court, it is unnecessary to obtain a pre-sentence report.

Commencement Information

I1 S. 33 in force at 1.12.2020 by S.I. 2020/1236, reg. 2