28 Disclosure of reports

(1)

If a written report is submitted to a court, whether under section 26 or section 33 or otherwise, a copy of the report must be given,—

(a)

except as provided in subsection (2), to the offender; and

(b)

if the offender is represented, to the offender’s counsel, whether or not an order is made under subsection (2).

(2)

The court may order that any part of the report not be disclosed to the offender if it is of the opinion that the disclosure would be likely to prejudice the offender’s physical or mental health or endanger the safety of any person.

(3)

The offender or his or her counsel may tender evidence on any matter referred to in any report, whether written or oral, that is submitted to a court under section 26 or section 33.

(4)

Failure to give a copy of any report in accordance with this section does not affect the validity of the proceedings in a court or of any order made or sentence imposed by a court.

Compare: 1985 No 120 s 17