HC Deb 14 April 1948 vol 449 cc1100-1

Where a report by a probation officer is made to any court (other than a juvenile 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: Provided that 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.—[Mr. Ede.]

Brought up, and read the First time.

Mr. Ede

I beg to move, "That the Clause be read a Second time."

It was felt in Committee—and it is a view I have long held myself—that where a report is made on a person he should know what that report contains. It is to my mind quite wrong that a report should be handed to the chairman of the bench, or to the chairman of a juvenile court, and that the bench should consider the report and perhaps reach a decision detrimental to the person appearing before the court without that person knowing what has been actually said about him. It is clear that there are obvious opportunities for error in such a case, and I think it is only right that this new Clause should be added to the Bill.

The House will observe that there is a proviso to the Clause, which relieves the court of the responsibility of showing the report to an offender if he is under 17 years of age and is not represented by counsel or a solicitor, but in such cases a copy shall be given to his parent or guardian, if present in court. The need for that proviso is that the report may make serious reflections on the parents and possibly on the home conditions and surroundings of the young person, and it is felt that it would not tend to make for smooth working of the home if this were disclosed to a child under 17 years of age. Apart from that, this Clause will ensure that any report from a probation officer considered by the court will be known to the accused person before the court.

Clause read a Second time, and added to the Bill.