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Crime (Sentences) Act 1997

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This is the original version (as it was originally enacted).

50Disclosure of pre-sentence reports

(1)This section applies where a court obtains a pre-sentence report within the meaning of Part I of the 1991 Act.

(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 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.

(6)The power to make orders under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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