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PART 14U.K.SENTENCING PROCEEDINGS

Information before sentencingU.K.

96.—(1) Where—

(a)the offender was convicted on a plea of guilty (other than a plea offered in the course of a trial), or

(b)the offender was convicted in trial proceedings but previous sentencing proceedings in respect of him were terminated,

the Director shall address the court on the facts of the case.

(2) Where practicable, the Director shall inform the court of—

(a)the offender's age;

[F1(b)any previous convictions of the offender for—

(i)offences under the law of any part of the British Islands, or

(ii)relevant offences of which the offender has been convicted by a court outside the British Islands,

and any sentence awarded in respect of any such offence, and whether any such conviction is spent for the purposes of the Rehabilitation of Offenders Act 1974;]

(c)any formal police caution administered to the offender by a constable in England and Wales or Northern Ireland;

(d)any period for which the offender has been in custody awaiting trial; and

(e)details of the offender's employment (if any); F2...

(f)if the defendant was under 18 years of age when convicted, whether he has a service parent or service guardian (within the meaning of section 233) [F3; and]

[F4(g)any statement of the effect of the offence on the victim, the victim’s family or others.]

(3) Where the court has power—

(a)to make an activation order in respect of the offender, or

(b)to deal with him under section 186(2) (offence during period of conditional discharge) or [F5under paragraph 23(2) of Schedule 10 to the Sentencing Code] (overseas community order in force),

the Director shall inform the court of that fact, of the previous offence by virtue of which the court has that power, and of the sentence passed for that offence.

(4) For the purposes of paragraph (2)(b) an offence is “relevant” if the act that constituted the offence would have constituted an offence under the law of any part of the United Kingdom if it had been done in that part at the time when the Director presents information to the court under this rule.

(5) Where the offender is not subject to service law but has formerly been so subject, paragraph (2) has effect as if—

(a)after the word “age” in sub-paragraph (a) there were added “ and his rank or rate when he last ceased to be subject to service law ”; and

(b)before the word “employment” in sub-paragraph (e) there were inserted “ pay and ”.