Legal Question in Criminal Law in United Kingdom
i asked a question previously earlier and couldnt reply or update to ask a question about it .. if the defence lawyer requests a pre sentence report to be done after you plead guilty is the court obliged to get pre sentence reports done or can the judge say no to the defence lawyer and just sentence you straight away without get pre sentence reports done
1 Answer from Attorneys
Dear Client,
The judge can decide to decline the pre-sentence report, however, most of the time, many judges do accept the request for a pre-sentence report. It depends on the circumstances of the case. If it turns out that the case has been a clear and more than obvious to the judge as to what the sentencing should be, then in these cases which do occur, the judge may decline the pre-sentence report and/or order from the defence lawyer. However, since in many cases, the judge knows that a pre-sentence report would help him or her to make a better decision regarding how they should sentence the accused person, most of the times judges' grant the request for the pre-sentence order/report.
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