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Criminal Justice Act 1991

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This is the original version (as it was originally enacted).

7Procedural requirements for community sentences

(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 (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)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 [1969 c. 54.] Children and Young Persons Act 1969 (“the 1969 Act”).

(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 comply with that subsection, but any court on an appeal against such a sentence—

(a)shall 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.

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