The Pre-Sentence Report Disclosure (Prescription of Prosecutors) Order 1998

Statutory Instruments

1998 No. 191

CRIMINAL LAW, ENGLAND AND WALES

The Pre-Sentence Report Disclosure (Prescription of Prosecutors) Order 1998

Made

27th January 1998

Laid before Parliament

6th February 1998

Coming into force

1st March 1998

The Secretary of State, in exercise of the power conferred upon him by section 50(4) of the Crime (Sentences) Act 1997(1), hereby makes the following Order:

1.  This Order may be cited as the Pre-Sentence Report Disclosure (Prescription of Prosecutors) Order 1998 and shall come into force on 1st March 1998.

2.  The following descriptions of prosecutors are prescribed for the purposes of section 50(4) of the Crime (Sentences) Act 1997:

(a) a Crown Prosecutor;

(b) any other person acting on behalf of the Crown Prosecution Service;

(c) a person acting on behalf of the Commissioners of Customs and Excise;

(d) a person acting on behalf of the Secretary of State for Social Security;

(e) a person acting on behalf of the Commissioners of Inland Revenue; and

(f) a person acting on behalf of the Director of the Serious Fraud Office.

Joyce Quin

Minister of State

Home Office

27th January 1998

Explanatory Note

(This note is not part of the Order)

This Order prescribes descriptions of prosecutors to whom a court which has obtained a pre-sentence report under Part I of the Criminal Justice Act 1991 must give a copy of that report. The court is also required to give a copy of the report to the offender or his counsel or his solicitor (or, if the offender is under 17 and not legally represented, to his parent or guardian if present in court). If the prosecutor is not of a description prescribed by this Order, the court need not give him a copy of the report if it considers that it would be inappropriate to do so.

(1)

1997 c. 43.