Adams, J.
Defendant Lee Malkowski pled guilty to unlawfully driving away an automobile on April 8, 1969. Two days later he was sentenced to from two to five years in prison. Defendant’s attorney asked to see the presentence report before sentencing and again at the sentencing. The trial judge, in denying the request to see the report, commented that “ * * * the statute which authorizes these reports also requires the confidentiality of these reports for the purposes that they are prepared and used and delivered to the court in connection with the sentences.” A requirement of confidentiality does not appear on the face of the statute authorizing presentence reports. (MCLA § 771.14 [Stat Ann 1954 Rev § 28.1144])1
Defendant appealed. The Court of Appeals affirmed. (25 Mich App 195.) We granted leave to appeal “limited to the sole issue of failing to allow defendant’s counsel to examine the presentence report.” (383 Mich 818.)
Defendant argues that if the right to counsel at sentencing is to have any value, counsel must he [247]*247able to see the presentence report and correct any mistakes in it. Gadsden v. United States (1955), 96 App DC 162, 165; (223 F2d 627, 630); People v. Dye (1967), 6 Mich App 217, 219.
The people argue that, in the absence of a statute granting defense counsel access to presentencing reports, such access is discretionary with the trial judge and this should continue to be the case because such reports frequently contain confidential psychiatric evaluations, or other material which, if seen by defendant, might adversely affect his rehabilitation.
We take judicial notice of the fact that the practice with regard to presentence reports among the trial judges of this state is not uniform. Some judges allow counsel to examine the report as a matter of course; other judges, upon request, will permit or deny access to the report depending upon the facts and circumstances in a particular case; while still other judges, as a matter of fixed policy, always deny access to the report.
The sentencing of a defendant who has been convicted, or has pled guilty to a crime, is a critical stage in the proceedings for him. Mempa v. Rhay (1967), 389 US 128 (88 S Ct 254, 19 L Ed 2d 336); People v. Dye (1967), 6 Mich App 217. The trial judge, and the trial judge alone, makes the decision as to what his sentence shall be. The length of sentence is not subject to review if within the limits of the lawful penalty. (MCLA § 769.24 [Stat Ann 1954 Rev § 28.1094].)2
In Cummins v. The People (1879), 42 Mich 142, 144, this Court commented upon the restricted scope of review:
[248]*248“The sentence was not in excess of that permitted hy statute, and when within the statute, this court has no supervisory control over the punishment that shall be inflicted. The statute gives a wide discretionary power to the trial court upon the supposition that it will be judicially exercised in view of all the facts and circumstances appearing on the trial.”
See also: People v. Kelly (1894), 99 Mich 82, 86; People v. Connor (1957), 348 Mich 456, 463; and Lane v. Department of Corrections, Parole Board (1970), 383 Mich 50, 60, 61.
The problems which arise out of sentencing have been a matter of concern by this Court over the past several years.3
Numerous legal articles have dealt specifically with the problem of a defendant’s access to presentence reports.4
[249]*249It is vitally important to the defendant and to the ends of justice that the sentence be based upon accurate information. The great majority of defendants plead guilty. For those defendants, probation or determination of the length of time they will be in prison are the only significant decisions to be made by the judge. One commentator points out:
“Basic fairness to the accused would seem to require the same opportunity to rebut evidence against him at sentencing as at trial. The stakes at sentencing may be just as high, and the justification for non-disclosure no more, than at the time of guilt determination.” Lehrich, The Use and Disclosure of Presentence Reports in the United States, 47 FRD 225, 251 (1969).
In this case, the prosecutor obtained and printed as a part of the people’s appendix the presentence report for Lee Richard Malkowski. Upon oral argument before this Court, defendant’s attorney took exception to only two items contained in the report.
[250]*250The first was the statement: “The defendant attended school from his 5th to his 17th year, and claims to have completed the 11th grade * * *." (Emphasis added.) As to this statement, it was argued that the use of the word “claims” carries an unfair imputation which could have been overcome if defendant’s attorney had had an opportunity to establish definitely whether or not defendant had completed the eleventh grade.
The second item was the statement: “The Police are opposed to leniency.” As to this item, it was claimed that it might have been softened if defendant’s attorney had had an opportunity to establish by letters from teachers, employers and others that leniency should have been shown defendant.
An examination of the entire report, together with the fact that defendant was represented by counsel at the time of sentencing and was given an opportunity to make a statement on his own behalf, convinces us that no useful result would be achieved if defendant’s sentence were to be vacated and the case remanded for the imposition of a new sentence. The denial of an opportunity to see the presentence report and to present additional facts and recommendations on the two controversial items was not so prejudicial as to result in a miscarriage of justice. (MCLA § 769.26; Stat Ann § 28.1096.)5
[251]*251The Court of Appeals is affirmed.
T. M. Kavanagh, C. J., and T. E. Brennan, T. G. Kavanagh, Swainson and Williams, JJ., concurred with Adams, J.
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Adams, J.
Defendant Lee Malkowski pled guilty to unlawfully driving away an automobile on April 8, 1969. Two days later he was sentenced to from two to five years in prison. Defendant’s attorney asked to see the presentence report before sentencing and again at the sentencing. The trial judge, in denying the request to see the report, commented that “ * * * the statute which authorizes these reports also requires the confidentiality of these reports for the purposes that they are prepared and used and delivered to the court in connection with the sentences.” A requirement of confidentiality does not appear on the face of the statute authorizing presentence reports. (MCLA § 771.14 [Stat Ann 1954 Rev § 28.1144])1
Defendant appealed. The Court of Appeals affirmed. (25 Mich App 195.) We granted leave to appeal “limited to the sole issue of failing to allow defendant’s counsel to examine the presentence report.” (383 Mich 818.)
Defendant argues that if the right to counsel at sentencing is to have any value, counsel must he [247]*247able to see the presentence report and correct any mistakes in it. Gadsden v. United States (1955), 96 App DC 162, 165; (223 F2d 627, 630); People v. Dye (1967), 6 Mich App 217, 219.
The people argue that, in the absence of a statute granting defense counsel access to presentencing reports, such access is discretionary with the trial judge and this should continue to be the case because such reports frequently contain confidential psychiatric evaluations, or other material which, if seen by defendant, might adversely affect his rehabilitation.
We take judicial notice of the fact that the practice with regard to presentence reports among the trial judges of this state is not uniform. Some judges allow counsel to examine the report as a matter of course; other judges, upon request, will permit or deny access to the report depending upon the facts and circumstances in a particular case; while still other judges, as a matter of fixed policy, always deny access to the report.
The sentencing of a defendant who has been convicted, or has pled guilty to a crime, is a critical stage in the proceedings for him. Mempa v. Rhay (1967), 389 US 128 (88 S Ct 254, 19 L Ed 2d 336); People v. Dye (1967), 6 Mich App 217. The trial judge, and the trial judge alone, makes the decision as to what his sentence shall be. The length of sentence is not subject to review if within the limits of the lawful penalty. (MCLA § 769.24 [Stat Ann 1954 Rev § 28.1094].)2
In Cummins v. The People (1879), 42 Mich 142, 144, this Court commented upon the restricted scope of review:
[248]*248“The sentence was not in excess of that permitted hy statute, and when within the statute, this court has no supervisory control over the punishment that shall be inflicted. The statute gives a wide discretionary power to the trial court upon the supposition that it will be judicially exercised in view of all the facts and circumstances appearing on the trial.”
See also: People v. Kelly (1894), 99 Mich 82, 86; People v. Connor (1957), 348 Mich 456, 463; and Lane v. Department of Corrections, Parole Board (1970), 383 Mich 50, 60, 61.
The problems which arise out of sentencing have been a matter of concern by this Court over the past several years.3
Numerous legal articles have dealt specifically with the problem of a defendant’s access to presentence reports.4
[249]*249It is vitally important to the defendant and to the ends of justice that the sentence be based upon accurate information. The great majority of defendants plead guilty. For those defendants, probation or determination of the length of time they will be in prison are the only significant decisions to be made by the judge. One commentator points out:
“Basic fairness to the accused would seem to require the same opportunity to rebut evidence against him at sentencing as at trial. The stakes at sentencing may be just as high, and the justification for non-disclosure no more, than at the time of guilt determination.” Lehrich, The Use and Disclosure of Presentence Reports in the United States, 47 FRD 225, 251 (1969).
In this case, the prosecutor obtained and printed as a part of the people’s appendix the presentence report for Lee Richard Malkowski. Upon oral argument before this Court, defendant’s attorney took exception to only two items contained in the report.
[250]*250The first was the statement: “The defendant attended school from his 5th to his 17th year, and claims to have completed the 11th grade * * *." (Emphasis added.) As to this statement, it was argued that the use of the word “claims” carries an unfair imputation which could have been overcome if defendant’s attorney had had an opportunity to establish definitely whether or not defendant had completed the eleventh grade.
The second item was the statement: “The Police are opposed to leniency.” As to this item, it was claimed that it might have been softened if defendant’s attorney had had an opportunity to establish by letters from teachers, employers and others that leniency should have been shown defendant.
An examination of the entire report, together with the fact that defendant was represented by counsel at the time of sentencing and was given an opportunity to make a statement on his own behalf, convinces us that no useful result would be achieved if defendant’s sentence were to be vacated and the case remanded for the imposition of a new sentence. The denial of an opportunity to see the presentence report and to present additional facts and recommendations on the two controversial items was not so prejudicial as to result in a miscarriage of justice. (MCLA § 769.26; Stat Ann § 28.1096.)5
[251]*251The Court of Appeals is affirmed.
T. M. Kavanagh, C. J., and T. E. Brennan, T. G. Kavanagh, Swainson and Williams, JJ., concurred with Adams, J.
Section 4.4(a) and (b) of the American Bar Association project on Minimum Standards for Criminal Justice relating to “Sentencing Alternatives and Procedures,” reads:
“(a) Fundamental fairness to the defendant requires that the substance of all derogatory information which adversely affects his interests and which has not otherwise been disclosed in open court should be called to the attention of the defendant, his attorney and others who are acting on his behalf.
[251]*251“(b) This principle should be implemented by requiring that the sentencing court permit the defendant’s attorney, or the defendant himself if he has no attorney, to inspect the report. The prosecution should also be shown the report if it is shown to the defense. In extraordinary cases, the court should be permitted to except from disclosure parts of the report which are not relevant to a proper sentence, diagnostic opinion which might seriously disrupt a program of rehabilitation, or sources of information which has been obtained on a promise of confidentiality. In all cases where parts of the report are not disclosed under such authority, the court should be required to state for the record the reasons for its action and to inform the defendant and his attorney that information has not been disclosed. The action of the court in excepting information from disclosure should be subject to appellate review.”