C2Part 12Sentencing

Annotations:
Modifications etc. (not altering text)

Chapter 1General provisions about sentencing

Disclosure of pre-sentence reports etc

I1159Disclosure of pre-sentence reports

C11

This section applies where the court obtains a pre-sentence report, other than a report given orally in open court.

C12

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

a

to the offender or his counsel or solicitor,

b

if the offender is aged under 18, to any parent or guardian of his who is present in court, and

c

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

C13

If the offender is aged under 18 and it appears to the court that the disclosure to the offender or to any parent or guardian of his of any information contained in the report would be likely to create a risk of significant harm to the offender, a complete copy of the report need not be given to the offender or, as the case may be, to that parent or guardian.

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.

C15

No information obtained by virtue of subsection (2)(c) may 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

In relation to an offender aged under 18 for whom a local authority have parental responsibility and who—

a

is in their care, or

b

is provided with accommodation by them in the exercise of any social services functions,

references in this section to his parent or guardian are to be read as references to that authority.

7

In this section and section 160—

  • “harm” has the same meaning as in section 31 of the Children Act 1989 (c. 41);

  • “local authority” and “parental responsibility” have the same meanings as in that Act;

  • “social services functions”, in relation to a local authority, has the meaning given by section 1A of the Local Authority Social Services Act 1970 (c. 42).

I2160Other reports of local probation boards and members of youth offending teams

1

This section applies where—

a

a report by an officer of a local probation board or a member of a youth offending team is made to any court (other than a youth court) with a view to assisting the court in determining the most suitable method of dealing with any person in respect of an offence, and

b

the report is not a pre-sentence report.

2

Subject to subsection (3), the court must give a copy of the report—

a

to the offender or his counsel or solicitor, and

b

if the offender is aged under 18, to any parent or guardian of his who is present in court.

3

If the offender is aged under 18 and it appears to the court that the disclosure to the offender or to any parent or guardian of his of any information contained in the report would be likely to create a risk of significant harm to the offender, a complete copy of the report need not be given to the offender, or as the case may be, to that parent or guardian.

4

In relation to an offender aged under 18 for whom a local authority have parental responsibility and who—

a

is in their care, or

b

is provided with accommodation by them in the exercise of any social services functions,

references in this section to his parent or guardian are to be read as references to that authority.