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138 Consecutive terms of imprisonment | |
(1) Section 133 of the Magistrates’ Courts Act 1980 (c. 43) (consecutive terms of | |
imprisonment) is amended as follows. | |
(2) In subsection (1), for “6 months” there is substituted “65 weeks”. | |
(3) Subsection (2) is omitted. | 5 |
(4) In subsection (3) for “the preceding subsections” there is substituted | |
“subsection (1) above”. | |
139 Power to increase limits | |
The Secretary of State may by order— | |
(a) amend subsections (1) and (2) of section 137 by substituting for each | 10 |
reference to 12 months a reference to 18 months, and | |
(b) amend subsection (1) of section 133 of the Magistrates’ Courts Act 1980 | |
(c. 43) by substituting for the reference to 65 weeks (inserted by section | |
138(2)) a reference to 24 months. | |
Procedural requirements for imposing community sentences and discretionary custodial | 15 |
sentences | |
140 Pre-sentence reports and other requirements | |
(1) In forming any such opinion as is mentioned in section 131(1), (2)(b) or (3)(b), | |
section 135(2) or section 136(2), a court must take into account all such | |
information as is available to it about the circumstances of the offence or (as the | 20 |
case may be) of the offence and the offence or offences associated with it, | |
including any aggravating or mitigating factors. | |
(2) In forming any such opinion as is mentioned in section 131(2)(a) or (3)(a), the | |
court may take into account any information about the offender which is before | |
it. | 25 |
(3) Subject to subsection (4) below, a court must obtain and consider a pre- | |
sentence report before— | |
(a) in the case of a custodial sentence, forming any such opinion as is | |
mentioned in section 135(2), section 136(2), section 205(1)(b), section | |
206(1)(b), section 207(1)(b)(i) or section 208(1)(b)(i), or | 30 |
(b) in the case of a community sentence, forming any such opinion as is | |
mentioned in section 131(1), (2)(b) or (3)(b) or any opinion as to the | |
suitability for the offender of the particular requirement or | |
requirements to be imposed by the community order. | |
(4) Subsection (3) does not apply if, in the circumstances of the case, the court is of | 35 |
the opinion that it is unnecessary to obtain a pre-sentence report. | |
(5) In a case where the offender is aged under 18 and the offence is not triable only | |
on indictment and there is no other offence associated with it that is triable only | |
on indictment, the court must not form the opinion mentioned in subsection (4) | |
unless— | 40 |
(a) there exists a previous pre-sentence report obtained in respect of the | |
offender, and | |
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(b) 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. | |
(6) No custodial sentence or community sentence is invalidated by the failure of a | |
court to obtain and consider a pre-sentence report before forming an opinion | |
referred to in subsection (3), but any court on an appeal against such a | 5 |
sentence— | |
(a) must, subject to subsection (7), obtain a pre-sentence report if none was | |
obtained by the court below, and | |
(b) must consider any such report obtained by it or by that court. | |
(7) Subsection (6)(a) does not apply if the court is of the opinion— | 10 |
(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. | 15 |
(8) In a case where the offender is aged under 18 and the offence is not triable only | |
on indictment and there is no other offence associated with it that is triable only | |
on indictment, the court must not form the opinion mentioned in subsection (7) | |
unless— | |
(a) there exists a previous pre-sentence report obtained in respect of the | 20 |
offender, and | |
(b) 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. | |
141 Additional requirements in case of mentally disordered offender | |
(1) Subject to subsection (2), in any case where the offender is or appears to be | 25 |
mentally disordered, the court must obtain and consider a medical report | |
before passing a custodial sentence other than one fixed by law. | |
(2) Subsection (1) does not apply if, in the circumstances of the case, the court is of | |
the opinion that it is unnecessary to obtain a medical report. | |
(3) Before passing a custodial sentence other than one fixed by law on an offender | 30 |
who is or appears to be mentally disordered, a court must consider— | |
(a) any information before it which relates to his mental condition | |
(whether given in a medical report, a pre-sentence report or otherwise), | |
and | |
(b) the likely effect of such a sentence on that condition and on any | 35 |
treatment which may be available for it. | |
(4) No custodial sentence which is passed in a case to which subsection (1) applies | |
is invalidated by the failure of a court to comply with that subsection, but any | |
court on an appeal against such a sentence— | |
(a) must obtain a medical report if none was obtained by the court below, | 40 |
and | |
(b) must consider any such report obtained by it or by that court. | |
(5) In this section “mentally disordered”, in relation to any person, means | |
suffering from a mental disorder within the meaning of the Mental Health Act | |
1983 (c. 20). | 45 |
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(6) In this section “medical report” means a report as to an offender’s mental | |
condition made or submitted orally or in writing by a registered medical | |
practitioner who is approved for the purposes of section 12 of the Mental | |
Health Act 1983 (c. 20) by the Secretary of State as having special experience in | |
the diagnosis or treatment of mental disorder. | 5 |
(7) Nothing in this section is to be taken to limit the generality of section 140. | |
142 Meaning of “pre-sentence report” | |
(1) In this Part “pre-sentence report” means a report in writing which— | |
(a) with a view to assisting the court in determining the most suitable | |
method of dealing with an offender, is made or submitted by an | 10 |
appropriate officer, 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 local probation | 15 |
board, and | |
(b) where the offender is aged under 18, an officer of a local probation | |
board, a social worker of a local authority social services department or | |
a member of a youth offending team. | |
Disclosure of pre-sentence reports etc | 20 |
143 Disclosure of pre-sentence reports | |
(1) This section applies where the court obtains a pre-sentence report. | |
(2) Subject to subsections (3) and (4), the court must give a copy of the report— | |
(a) to the offender, his counsel or solicitor, and | |
(b) to the prosecutor, that is to say, the person having the conduct of the | 25 |
proceedings in respect of the offence. | |
(3) If the offender is aged under 17 and is not represented by counsel or a solicitor, | |
a copy of the report need not be given to him but must be given to his parent | |
or guardian if present in court. | |
(4) If the prosecutor is not of a description prescribed by order made by the | 30 |
Secretary of State, a copy of the report need not be given to the prosecutor if the | |
court considers that it would be inappropriate for him to be given it. | |
(5) No information obtained by virtue of subsection (2)(b) may be used or | |
disclosed otherwise than for the purpose of— | |
(a) determining whether representations as to matters contained in the | 35 |
report need to be made to the court, or | |
(b) making such representations to the court. | |
144 Other reports of local probation boards and members of youth offending | |
teams | |
(1) This section applies where— | 40 |
(a) a report by an officer of a local probation board or a member of a youth | |
offending team is made to any court (other than a youth court) with a | |
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(a) view to assisting the court in determining the most suitable method of | |
dealing with any person in respect of an offence, and | |
(b) the report is not a pre-sentence report. | |
(2) Subject to subsection (3), the court must give a copy of the report to the | |
offender or his counsel or solicitor. | 5 |
(3) If the offender is aged under 17 and is not represented by counsel or a solicitor, | |
a copy of the report need not be given to him but must be given to his parent | |
or guardian if present in court. | |
Pre-sentence drug testing | |
145 Pre-sentence drug testing | 10 |
(1) Where a person aged 14 or over is convicted of an offence and the court is | |
considering passing a community sentence, it may make an order under | |
subsection (2) for the purpose of ascertaining whether the offender has any | |
specified Class A drug in his body. | |
(2) The order requires the offender to provide, in accordance with the order, | 15 |
samples of any description specified in the order. | |
(3) Where the offender has not attained the age of 16, the order must provide for | |
the samples to be provided in the presence of an appropriate adult. | |
(4) If it is proved to the satisfaction of the court that the offender has, without | |
reasonable excuse, failed to comply with the order it may impose on him a fine | 20 |
of an amount not exceeding level 4. | |
(5) In subsection (4) “level 4” means the amount which, in relation to a fine for a | |
summary offence, is level 4 on the standard scale. | |
(6) The court may not make an order under subsection (2) unless it has been | |
notified by the Secretary of State that the power to make such orders is | 25 |
exercisable by the court and the notice has not been withdrawn. | |
(7) The Secretary of State may by order amend subsection (1) by substituting for | |
the age for the time being specified there a different age specified in the order. | |
(8) In this section— | |
“appropriate adult”, in relation to a person under the age of 16, means— | 30 |
(a) his parent or guardian or, if he is in the care of a local authority | |
or voluntary organisation, a person representing that authority | |
or organisation, | |
(b) a social worker of a local authority social services department, | |
or | 35 |
(c) if no person falling within paragraph (a) or (b) is available, any | |
responsible person aged 18 or over who is not a police officer, a | |
prison officer or a person employed by the police. | |
“specified Class A drug” has the same meaning as in Part 3 of the Criminal | |
Justice and Court Services Act 2000 (c. 43). | 40 |
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