- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(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.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: