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Pre-Sentence Report Disclosure (Prescription of Prosecutors) Order (Northern Ireland) 2003

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Statutory Rules of Northern Ireland

2003 No. 394

CRIMINAL PROCEDURE

Pre-Sentence Report Disclosure (Prescription of Prosecutors) Order (Northern Ireland) 2003

Made

1st September 2003

To be laid before Parliament

Coming into operation

13th October 2003

The Secretary of State, in pursuance of Articles 21A(4) and 57 of the Criminal Justice (Northern Ireland) Order 1996(1), hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Pre-Sentence Report Disclosure (Prescription of Prosecutors) Order (Northern Ireland) 2003 and shall come into operation on 13th October 2003.

Prescription of prosecutors

2.  The following descriptions of prosecutors are prescribed for the purposes of Article 21A(4) of the Criminal Justice (Northern Ireland) Order 1996:

A person acting on behalf of

(a)the Police Service of Northern Ireland;

(b)the Director of Public Prosecutions for Northern Ireland;

(c)the Commissioners of Customs and Excise;

(d)the Commissioners of Inland Revenue; and

(e)the Director of the Serious Fraud Office.

Paul Murphy

One of Her Majesty’s Principal Secretaries of State

Northern Ireland Office

1st September 2003

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 (as defined in Article 2 of the Criminal Justice (Northern Ireland) Order 1996) 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 years old and is not legally represented, to his parent or guardian if present in court. If a 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 for him to be given it.

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