Part IIIMiscellaneous and supplemental
Miscellaneous
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.