Section 46 Reports of probation officers.

England and Wales

(1)

Subject to subsection (2) below, where a report by a probation officer F1or a member of a youth offending team is made to any court (other than a F2youth court) with a view to assisting the court in determining the most suitable method of dealing with any person in respect of an offence, a copy of the report shall be given by the court to the offender or his counsel or solicitor.

(2)

If the offender is under seventeen years of age and is not represented by counsel or a solicitor, a copy of the report need not be given to him but shall be given to his parent or guardian if present in court.

F3(3)

For the purposes of this section—

(a)

references to an offender’s parent shall be construed in accordance with section 1 of the M1Family Law Reform Act 1987; and

(b)

“guardian” has the same meaning as in the M2Children and Young Persons Act 1933.

Annotations

Textual amendments

F1: Words in s. 46(1) inserted (30.9.1998 for the purposes specified S.I. 1998/2327, art. 3(1)(b), Sch. 1 and otherwiseprosp.) by 1998 c. 37, s. 119, Sch. 8 para.32; S.I. 1998/2327, art. 3(1)(b), Sch.1 (with art. 9) (which Sch. 8 para. 32 of the 1998 Act is repealed (25.8.2000) by 2000 c. 6, ss. 165, 168, Sch. 12 Pt. I).
F2: Words in s. 46 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11, para. 40(2)(i)
F3: S. 46(3) added (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para.25; S.I. 1998/2327, art. 2(1)(w).

Marginal citations

M1: 1987 c.42.
M2: 1933 c.12.

Notes on the whole Act

Textual amendments

F1: Act repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Notes on Part I

Modifications

C1: Pt. I (ss. 1-46) modified (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 11 (1)(3), 101(1), Sch. 12, para. 1 (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2