(1) Subject to subsection (2), a Court shall obtain and consider a pre-sentence report before forming any such opinion as is mentioned in subsection (2) of either section 1096 or section 1097.
(2) Where the offence or any other offence associated with it is triable only on indictment, 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 pre-sentence report.
(3) In forming any such opinion as is mentioned in subsection (2) of either section 1096 or section 1097 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) of that subsection, 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) applies is not invalidated by the failure of the Court passing sentence 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 passing sentence; and
(b) shall consider any such report obtained by it or by the Court passing sentence.
(5) In this Sub-Part “pre-sentence report” means a report in writing which is made by a probation officer with a view to assisting the Court in determining the most suitable method of dealing with an offender.