Part VIIIMiscellaneous and supplementary

Disclosure of pre-sentence reports etc.

156 Disclosure of pre-sentence reports.

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.

157F1Other reports of officers of local probation boards and members of youth offending teams

1

This section applies where—

a

a report by F2an 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.