PART 2SENTENCING

CHAPTER 2CUSTODIAL SENTENCES

Disclosure of pre-sentence reports11

1

This Article applies where a court obtains a pre-sentence report.

2

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

a

to the offender or the offender’s counsel or solicitor; and

b

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

3

If the offender is under the age of 18 and is not represented by counsel or a solicitor, a copy of the report need not be given to the offender but shall be given to the offender’s 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 the prosecutor to be given it.

5

No information obtained by virtue of paragraph (2)(b) 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.