Modifications etc. (not altering text)
C1Pt. I (ss. 1-31) applied (E.W.) (1.10.1997) by 1997 c. 43, ss. 28(9), 33(3)-(5); S.I. 1997/2200, art.2 (subject to savings in art. 5)
Pt. I (ss. 1-31) modified (E.W.) (1.1.1998) by 1997 c. 43, s. 35(4)(b); S.I. 1997/2200, art.3 (subject to savings in art. 5)
Pt. I (ss. 1-31) extended (with modifications) (E.W.) (1.1.1998) by 1997 c. 43, s. 35(7)(b); S.I. 1997/2200, art.3 (subject to savings in art. 5)
Pt. I (ss. 1-31) extended (with modifications) (E.W.) (30.9.1998) by 1998 c. 37, s. 61(4) (with Sch. 9 para. 4); S.I. 1998/2327, art.2(1)(n).
Pt. I (ss. 1-31) extended (with modifications) (E.W.) (30.9.1998) by 1998 c. 37, s. 69(11); S.I. 1998/2327, art.2(1)(o)
Pt. I (ss. 1-31) applied (E.W.) (30.9.1998) by 1998 c. 37, s. 18(2); S.I. 1998/2327, art.2(1)(f).
Pt. I (ss. 1-31) extended (E.W.) (1.4.2000) by 1998 c. 37, ss. 73(4); S.I. 1999/3426, art. 3(a)
Pt. I (ss. 1-31) applied (E.W.) (30.9.1998) by 1997 c. 43, ss. 37(4)(5) (as substituted (E.W.) (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 51(2); S.I. 1998/2327, art.2(1)(w)).
Pt. I (ss. 1-31) extended (E.W.) (30.9.1998) by 1997 c. 43, ss. 37(4)(5) (as substituted (E.W.) (30.9.1998) by 1998 c. 37, s. 106, Sch.7 para. 51(2); S.I. 1998/2327, art.2(1)(w)).
Pt. I (ss. 1-31) restricted (E.W.) (26.6.2000) by 1999 c. 23, s. 4(4)(a), (with Sch. 7 paras. 3(3), 5(2)); S.I. 2000/1587, art. 2(a)
(1)In forming any such opinion as is mentioned in subsection (1) or (2)(b) of section 6 above, a court shall take into account all such information about the circumstances of the offence [F1or (as the case may be) of the offence and the offence or offences associated with it,] (including any aggravating or mitigating factors) as is available to it.
(2)In forming any such opinion as is mentioned in subsection (2)(a) of that section, a court may take into account any information about the offender which is before it.
(3)[F2Subject to subsection (3A) below,]A court shall obtain and consider a pre-sentence report before forming an opinion as to the suitability for the offender of one or more of the following orders, namely—
(a)a probation order which includes additional requirements authorised by Schedule 1A to the 1973 Act;
(b)a community service order;
(c)a combination order; and
(d)a supervision order which includes requirements imposed under section 12, 12A, 12AA, 12B or 12C of the M1Children and Young Persons Act 1969 (“the 1969 Act”).
[F3(3A)Subsection (3) above 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.
(3B)In the case of an offender under the age of eighteen years, save where the offence or any other offence associated with it is triable only on indictment, the court shall not form such an opinion as is mentioned in subsection (3A) above or subsection (5) below unless there exists a previous pre-sentence report obtained in respect of the offender and 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.]
(4)No community sentence which consists of or includes such an order as is mentioned in subsection (3) above shall be invalidated by the failure of a court to [F4obtain and consider a pre-sentence report before forming an opinion referred to in] that subsection, but any court on an appeal against such a sentence—
(a)shall [F5, subject to subsection (5) below,] obtain a pre-sentence report if none was obtained by the court below; and
(b)shall consider any such report obtained by it or by that court.
[F6(5)Subsection (4)(a) above 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.]
Textual Amendments
F1Words in s. 7(1) inserted (16.8.1993) by 1993 c. 36, s. 66(5); S.I. 1993/1968, art. 2(1), Sch. 1
F2Words in s. 7(3) inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 40(3)(a); S.I. 1995/127, art. 2(1), Sch. 1 AppendixA
F3S. 7(3A)(3B) inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 40(3)(b); S.I. 1995/127, art. 2(1), Sch. 1 Appendix A
F4Words in s. 7(4) substituted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 40(3)(c)(i); S.I. 1995/127, art. 2(1), Sch. 1 Appendix A
F5Words in s. 7(4)(a) inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 40(3)(c)(ii); S.I. 1995/127, art. 2(1), Sch. 1 AppendixA
F6S. 7(5) inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 40(3)(d); S.I. 1995/127, art. 2(1), Sch. 1 AppendixA
Commencement Information
I1S. 7 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
Marginal Citations