SECOND GROUP OF PARTSProvisions applying to sentencing courts generally

PART 3Procedure

CHAPTER 1Information and reports

Pre-sentence reports

I133Appeals: requirements relating to pre-sentence reports

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.