Powers of Criminal Courts (Sentencing) Act 2000

Disclosure of pre-sentence reports etc. E+W

156 Disclosure of pre-sentence reports. E+W

(1) This section applies where a court obtains a pre-sentence report.

(2) Subject to subsections (3) and (4) below, the court shall give a copy of the report—

(a) to the offender or his counsel or solicitor; and

(b) to the prosecutor, that is to say, the person having the conduct of the proceedings in respect of the offence.

(3) If the offender is aged under 17 and is not represented by counsel or a solicitor, a copy of the report need not be given to him but shall be given to his parent or guardian if present in court.

(4) If the prosecutor is not of a description prescribed by order made by the Secretary of State, a copy of the report need not be given to the prosecutor if the court considers that it would be inappropriate for him to be given it.

(5) No information obtained by virtue of subsection (2)(b) above shall be used or disclosed otherwise than for the purpose of—

(a) determining whether representations as to matters contained in the report need to be made to the court; or

(b) making such representations to the court.

157 [F1 Other reports of officers of local probation boards and members of youth offending teams] E+W

(1) This section applies where—

(a) a report by [F2 an officer of a local probation board] or a member of a youth offending team is made to any court (other than a youth court) with a view to assisting the court in determining the most suitable method of dealing with any person in respect of an offence; and

(b) the report is not a pre-sentence report (as defined by section 162 below).

(2) Subject to subsection (3) below, the court shall give a copy of the report to the offender or his counsel or solicitor.

(3) If the offender is aged under 17 and is not represented by counsel or a solicitor, a copy of the report need not be given to him but shall be given to his parent or guardian if present in court.

Textual Amendments

F1 Sidenote to s. 157 substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 195; S.I. 2001/919, art. 2(f)(ii)

F2 Words in s. 157(1)(a) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 4(1)(a)(2); S.I. 2001/919, art. 2(f)(i)