Disclosure of pre-sentence reportsN.I.
11.—(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.
Commencement Information
I1Art. 11 wholly in operation at 1.4.2009, see art. 1(4) and S.R. 2009/120, art. 2, Sch. 1 (subject to Sch. 2 paras. 1(1)(2)(a), 4)