 The defendant’s personal circumstances will also be considered.His/her financial circumstances will be highly relevant when a fine, costs or compensation is considered because the court has a duty under section 164 of the Criminal Justice Act 2003 to take these into account when fixing the overall amount.In the event of the court considering either a community or a custodial sentence, it can order the offender('s) to have a pre-sentence report taken and prepared by the Probation Service for the court date.