Plain language law

New Zealand law explained for everyone

Sentencing Act 2002

Sentencing purposes and principles, and provisions of general application - Sentencing procedure

28: Disclosure of reports

You could also call this:

"You get to see reports about you that the court receives, unless it might harm you or others."

Illustration for Sentencing Act 2002

When a court gets a written report, you must get a copy of it. This can happen under section 26 or section 33, or for another reason. You will get the copy unless the court decides it might hurt your health or put someone in danger.

The court can choose to keep some parts of the report secret if it thinks it will harm you or someone else. If you have a lawyer, they will get a copy of the report even if some parts are kept secret. You or your lawyer can give the court more information about anything in the report.

If you do not get a copy of the report when you should, it does not change what happens in court or any sentence you get.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM135584.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
Previous

27: Offender may request court to hear person on personal, family, whanau, community, and cultural background of offender, or

"You can ask the court to hear from someone who knows you and your background."

Next

29: Access to reports, or

"Who can see reports about you in court"

Part 1Sentencing purposes and principles, and provisions of general application
Sentencing procedure

28Disclosure 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,—

  2. except as provided in subsection (2), to the offender; and
    1. if the offender is represented, to the offender's counsel, whether or not an order is made under subsection (2).

      1. 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.

      2. 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.

      3. 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