sec.99Pre-sentence and psychiatric reports

sec.99 Pre-sentence and psychiatric reports

Despite any other rule in this part, the court or a judge may direct that a pre-sentence report or psychiatric report must not be given to, or inspected by, a party to an appeal or subsequent appeal if the court or judge decides— giving the report to, or allowing inspection of the report by, the party may adversely affect the mental or physical health of the party; and giving the report to, or allowing inspection of the report by, the party’s lawyer will be enough to protect the party’s interest in the appeal or subsequent appeal. If a pre-sentence report or psychiatric report is given to, or inspected by, a party’s lawyer under this rule, the lawyer must ensure the report is not disclosed to the party. r 99 amd 2018 SL No. 127 s 31 ; 2024 SL No. 178 s 39 (sec.99-ssec.1) Despite any other rule in this part, the court or a judge may direct that a pre-sentence report or psychiatric report must not be given to, or inspected by, a party to an appeal or subsequent appeal if the court or judge decides— giving the report to, or allowing inspection of the report by, the party may adversely affect the mental or physical health of the party; and giving the report to, or allowing inspection of the report by, the party’s lawyer will be enough to protect the party’s interest in the appeal or subsequent appeal. (sec.99-ssec.2) If a pre-sentence report or psychiatric report is given to, or inspected by, a party’s lawyer under this rule, the lawyer must ensure the report is not disclosed to the party.

• (a) giving the report to, or allowing inspection of the report by, the party may adversely affect the mental or physical health of the party; and
• (b) giving the report to, or allowing inspection of the report by, the party’s lawyer will be enough to protect the party’s interest in the appeal or subsequent appeal.