Sentencing Act 2020

31 Meaning of “pre-sentence report” etc

“Pre-sentence report”

(1) In this Code “pre-sentence report” means a report which—

(a) is made or submitted by an appropriate officer with a view to assisting the court in determining the most suitable method of dealing with an offender, and

(b) contains information as to such matters, presented in such manner, as may be prescribed by rules made by the Secretary of State.

(2) In subsection (1), “an appropriate officer” means—

(a) where the offender is aged 18 or over, an officer of a provider of probation services;

(b) where the offender is aged under 18—

(i) an officer of a provider of probation services,

(ii) a social worker of a local authority, or

(iii) a member of a youth offending team.

(3) Rules under subsection (1)(b) are subject to the negative resolution procedure.

“Obtaining” a pre-sentence report

(4) Where by any provision of this Code, the court is required to obtain a pre-sentence report, it may accept a pre-sentence report given orally in open court.

But this is subject to—

(a) any rules made under subsection (1)(b), and

(b) subsection (5).

(5) A pre-sentence report must be in writing if it—

(a) relates to an offender aged under 18, and

(b) is required to be obtained and considered before the court forms an opinion mentioned in—

(i) section 230(2) (seriousness threshold for discretionary custodial sentence),

(ii) section 231(2) (determining term of custodial sentence),

(iii) section 255(1)(c) (determining risk of harm to public for purpose of extended sentence), or

(iv) section 258(1)(c) (determining risk of harm to public for purpose of required life sentence).