PART VMiscellaneous
Requirement of social inquiry reports
62Social inquiry reports on persons who have not previously served prison sentences
The following section shall be inserted after section 20 of the [1973 c. 62.] Powers of Criminal Courts Act 1973—
20ASocial inquiry report for purposes of s. 20.
1
Subject to subsection (2) below, the court shall in every case obtain a social inquiry report for the purpose of determining under section 20(1) above whether there is any appropriate method of dealing with an offender other than imprisonment.
2
Subsection (1) above does not apply if, in the circumstances of the case, the court is of the opinion that it is unnecessary to obtain a social inquiry report.
3
Where a magistrates' court passes a sentence of imprisonment on a person of or over 21 years of age on whom such a sentence has not previously been passed by a court in any part of the United Kingdom without obtaining a social inquiry report, it shall state in open court the reason for its opinion that it was unnecessary to obtain such a report.
4
A magistrates' court shall cause a reason stated under subsection (3) above to be specified, in the warrant of commitment and to be entered in the register.
5
No sentence shall be invalidated by the failure of a court to comply with subsection (1) above, but any other court on appeal from that court shall obtain a social inquiry report if none was obtained by the court below, unless it is of the opinion that in the circumstances of the case it is unnecessary to do so.
6
In determining whether it should deal with the appellant otherwise than by passing a sentence of imprisonment on him the court hearing the appeal shall consider any social inquiry report obtained by it or by the court below.
7
In this section " social inquiry report" means a report about a person and his circumstances made by a probation officer.