In a very clear case it was possible for a judge to pass a custodial sentence on a defendant who had not previously received a custodial sentence without first obtaining a pre-sentence report. In this case counsel had not asked for a pre-sentence report, and had been able to put forward all and any pints which a probation officer might have presented, and the judge had acted on the basis of making every possible assumption in favour of the defendant. Such instances were not limited to cases of very short sentences.
Citations:
Times 25-Oct-2000
Jurisdiction:
England and Wales
Criminal Sentencing
Updated: 31 March 2022; Ref: scu.85117