Explanatory Notes

Armed Forces Act 2006

2006 CHAPTER 52

8 November 2006

Commentary

First Group of Parts – Discipline

Part 9 – Sentencing: Principles and Procedures
Chapter 2 – Principles and Procedures applying to Service Courts only
General
Section 257: Pre-sentence reports: supplementary

512.This section applies the definition of a “pre-sentence report” in the 2003 Act for the purposes of section 256, but allows reports to be prepared for service courts by social workers as well as probation officers.

513.Subsection (4) applies the relevant provisions of section 159 of the 2003 Act, which requires copies of a written report to be given to the offender or his legal representative and the prosecutor. If the offender is under 18 a copy must also be given to any parent or guardian of his who is in court; but a complete copy need not be given to such an offender, or to his parent or guardian, if this would create a risk of significant harm to the offender. The prosecutor must not use the report for any purpose except making representations to the court about the contents of the report.