Practice and Procedure

R v S & 8 ORS (2005)

PUBLISHED December 19, 2005

An extended licence period under the Criminal Justice Act 2003 s.227 or s.228 began to run at the end of the custodial period imposed by the court whether or not part of the custodial period was "served" on licence. Whether or not the author of a pre-sentence report ought to be cross-examined on its content was essentially a matter for the sentencing judge but it would be only in rare cases that it would be incumbent upon a judge to permit the author of a pre-sentence report to be cross-examined on the seriousness of the risk posed by an offender. The circumstances in which a psychiatric report would be necessary were few but, where such a report was necessary, it was essential that for the guidance of the sentencing judge it addressed the risk of serious harm posed by the offender.

[2005] EWCA Crim 3616