Procedural requirements for custodial sentences

(1) Subject to subsection (2) of this Act, a court shall obtain from the Department and consider a pre-sentence report before forming any such opinion as is mentioned in subsection (2) of section 28 or 29 of this Act. 36 (Alternative Sentences) (2) Where the offence is triable only on indictment, subsection (1) of this section 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. (3) In forming any such opinion as is mentioned in subsection (2) of section 28 or 29 of this Act, a court, (a) shall take into account all such information about the circumstances of the offence (including any aggravating or mitigating factors) as is available to the court; and (b) in the case of any such opinion as is mentioned in paragraph (b), may take into account any information about the offender which is before the court. (4) A custodial sentence which is passed in a case to which subsection (1) of this section applies is not 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; and (b) shall consider any such report obtained by it or by that court. Other Sentencing Guidelines