Powers of Criminal Courts (Sentencing) Bill [H.L.] - continued        House of Lords
PART VIII, MISCELLANEOUS AND SUPPLEMENTARY - continued
Disclosure of pre-sentence reports etc. - continued

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Other reports of probation officers and members of youth offending teams.     157. - (1) This section applies where-
 
 
    (a) a report by a probation officer 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 (as defined by section 162 below).
      (2) Subject to subsection (3) below, the court shall give a copy of the report to the offender or his counsel or solicitor.
 
      (3) If the offender is aged under 17 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.
 
 
Supplementary
Savings for powers to mitigate sentences and deal appropriately with mentally disordered offenders.     158. - (1) Nothing in-
 
 
    (a) sections 35 and 36 above (imposing community sentences),
 
    (b) sections 79 to 82 above (imposing custodial sentences), or
 
    (c) section 128 above (fixing of fines),
  shall prevent a court from mitigating an offender's sentence by taking into account any such matters as, in the opinion of the court, are relevant in mitigation of sentence.
 
      (2) Without prejudice to the generality of subsection (1) above, nothing in those sections shall prevent a court-
 
 
    (a) from mitigating any penalty included in an offender's sentence by taking into account any other penalty included in that sentence; or
 
    (b) in a case of an offender who is convicted of one or more other offences, from mitigating his sentence by applying any rule of law as to the totality of sentences.
      (3) Nothing in those sections shall be taken-
 
 
    (a) as requiring a court to pass a custodial sentence, or any particular custodial sentence, on a mentally disordered offender; or
 
    (b) as restricting any power (whether under the Mental Health Act 1983 or otherwise) which enables a court to deal with such an offender in the manner it considers to be most appropriate in all the circumstances.
      (4) In subsection (3) above, "mentally disordered", in relation to any person, means suffering from a mental disorder within the meaning of the Mental Health Act 1983.
 
Execution of process between England and Wales and Scotland.     159. Section 4 of the Summary Jurisdiction (Process) Act 1881 (execution of process of English and Welsh courts in Scotland) shall apply to any process issued under-
 
 
    section 2(4) , 13(1), 104(1), 121(1) or 123(1) above,
 
    paragraph 3(2) of Schedule 1 to this Act,
 
    paragraph 3(1), 10(7) or 24(1) of Schedule 3 to this Act,
 
    paragraph 6(6) of Schedule 4 to this Act,
 
    paragraph 1(1) of Schedule 5 to this Act,
 
    paragraph 7(2) of Schedule 7 to this Act, or
 
    paragraph 6(2) of Schedule 8 to this Act,
  as it applies to process issued under the Magistrates' Courts Act 1980 by a magistrates' court.
 
Rules and orders.     160. - (1) Any power of the Secretary of State to make rules or orders under this Act shall be exercisable by statutory instrument.
 
      (2) A statutory instrument containing-
 
 
    (a) rules made by the Secretary of State under section 40(1) or 162 or paragraph 3 of Schedule 2, or
 
    (b) any order made by the Secretary of State under section 40(2), 68, 122(7) or 156(4),
  shall be subject to annulment in pursuance of a resolution of either House of Parliament.
 
      (3) The Secretary of State shall not make-
 
 
    (a) any order under section 15(1), 45, 50, 58, 85(7), 100(2)(b)(ii) or 103(2), or
 
    (b) rules under section 87(4),
  unless a draft of the order or rules has been laid before, and approved by a resolution of, each House of Parliament.
 
      (4) A draft of any statutory instrument containing rules under section 62 shall be laid before Parliament.
 
      (5) Any order made by the Secretary of State under section 37(6) or 40(2), and any rules under section 40(1) or 162, may make different provision for different cases or classes of case.
 
      (6) Any order made by the Secretary of State under this Act may make such transitional provision as appears to him necessary or expedient in connection with any provision made by the order.
 
 
Interpretation
Meaning of "associated offence", "sexual offence", "violent offence" and "protecting the public from serious harm".     161. - (1) For the purposes of this Act, an offence is associated with another if-
 
 
    (a) the offender is convicted of it in the proceedings in which he is convicted of the other offence, or (although convicted of it in earlier proceedings) is sentenced for it at the same time as he is sentenced for that offence; or
 
    (b) the offender admits the commission of it in the proceedings in which he is sentenced for the other offence and requests the court to take it into consideration in sentencing him for that offence.
      (2) In this Act, "sexual offence" means any of the following-
 
 
    (a) an offence under the Sexual Offences Act 1956, other than an offence under section 30, 31 or 33 to 36 of that Act;
 
    (b) an offence under section 128 of the Mental Health Act 1959;
 
    (c) an offence under the Indecency with Children Act 1960;
 
    (d) an offence under section 9 of the Theft Act 1968 of burglary with intent to commit rape;
 
    (e) an offence under section 54 of the Criminal Law Act 1977;
 
    (f) an offence under the Protection of Children Act 1978;
 
    (g) an offence under section 1 of the Criminal Law Act 1977 of conspiracy to commit any of the offences in paragraphs (a) to (f) above;
 
    (h) an offence under section 1 of the Criminal Attempts Act 1981 of attempting to commit any of those offences;
 
    (i) an offence of inciting another to commit any of those offences.
      (3) In this Act, "violent offence" means an offence which leads, or is intended or likely to lead, to a person's death or to physical injury to a person, and includes an offence which is required to be charged as arson (whether or not it would otherwise fall within this definition).
 
      (4) In this Act any reference, in relation to an offender convicted of a violent or sexual offence, to protecting the public from serious harm from him shall be construed as a reference to protecting members of the public from death or serious personal injury, whether physical or psychological, occasioned by further such offences committed by him.
 
Meaning of "pre-sentence report".     162. - (1) In this Act "pre-sentence report" means a report in writing which-
 
 
    (a) with a view to assisting the court in determining the most suitable method of dealing with an offender, is made or submitted by an appropriate officer; and
 
    (b) contains information as to such matters, presented in such manner, as may be prescribed by rules made by the Secretary of State.
      (2) In subsection (1) above "an appropriate officer" means-
 
 
    (a) where the offender is aged 18 or over, a probation officer or a social worker of a local authority social services department;
 
    (b) where the offender is aged under 18, a probation officer, a social worker of a local authority social services department or a member of a youth offending team.
 
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