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Sentencing Act 2020

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Change 1

What to do with it
As published

34 Disclosure of other reports

(1) This section applies where— (a) a report by— (i) an officer of a provider of probation services, or (ii) 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) The court must give a copy of the report— (a) to the offender or the offender's legal representative, and (b) if the offender is aged under 18, to any parent or guardian of the offender who is present in court. (3) But if— (a) the offender is aged under 18, and (b) it appears to the court that the disclosure of any information contained in the report— (i) to the offender, or (ii) to a parent or guardian of the offender, 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. For this purpose, “harm” has the same meaning as in section 31 of the Children Act 1989.

Your change, as a redline

34 Disclosure of other reports

(1) This section applies where— (a) a report by— (i) an officer of a provider of probation services, or (ii) 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) The court must give a copy of the report— (a) to the offender or the offender's legal representative, and (b) if the offender is aged under 18, to any parent or guardian of the offender who is present in court. (3) But if— (a) the offender is aged under 18, and (b) it appears to the court that the disclosure of any information contained in the report— (i) to the offender, or (ii) to a parent or guardian of the offender, 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. For this purpose, “harm” has the same meaning as in section 31 of the Children Act 1989.

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