PRACTICE DIRECTION

No. 1 of 2010

Sentencing Act 1997: Distribution, Copying and retention of pre-sentence reports and mediation reports

Subject to any order of the Court regarding the distribution and security of a pre-sentence report or mediation report made pursuant to the Sentencing Act 1997 section 87(2) and to any statutory provision, the following directions shall regulate the practice and procedure of Courts of Petty Sessions with regard to the distribution, copying and retention of pre-sentence reports and mediation reports:

Prior to sentence :

1. A person who has been given a report pursuant to the Sentencing Act 1997 section 87(3) must not show or supply:

(a) the report, or

(b) a part of the report, or

(c) a copy of the report or any part of it

to any person other than the prosecutor, offender or the offender's legal advisers.

Post sentence :

2. A copy of a pre-sentence report or mediation report may be supplied by :

(a) the author of the report; or

(b) the offender's legal advisers

to any person or agency involved in the administration of the offender's sentence, provided the offender consents to the supply of the report.

3. Practice Direction 5/1998 is hereby rescinded.

4. This Practice Direction commences on 9 March 2010.

 

 

Michael Hill
CHIEF MAGISTRATE
4 March 2010