356Pre-sentence report must be ordered if appellate court is considering certain orders

356 Pre-sentence report must be ordered if appellate court is considering certain orders

(1) If the appellate court finds a child guilty of an offence, before passing sentence, it must order the Secretary to prepare a pre-sentence report if the appellate court is considering making—

(a) a youth justice custodial order; or

(b) a youth control order; or

(2) Despite subsection (1), the appellate court may determine not to order the Secretary to prepare a pre-sentence report if—

(i) the appellate court considers that a new pre-sentence report is unnecessary; and

(ii) the child consents to the use of that earlier pre-sentence report in determining the sentence to be imposed for the offence; or

(b) the appellate court is satisfied that it would not be in the interests of justice to order a pre-sentence report.

(3) If the appellate court determines not to order a pre-sentence report under subsection (2)(a), the appellate court may take into account the previous pre-sentence report in determining what sentence to impose on the child for the offence.