(1)  Before a court passes sentence on an offender found guilty of an offence, both the prosecutor and the offender, or counsel on the offender's behalf, may address the court in relation to that sentence.

(2)  Without limiting the generality of subsection (1) , in an address pursuant to that subsection the prosecutor may do all or any of the following:

(a) draw the attention of the court to any aggravating circumstances or the presence or absence of any extenuating circumstances in relation to the offence;

(b) if the court has a choice with regard to the kind of sentence that it may impose for the offence, comment on the appropriateness of those kinds of sentence;

(c) if the court has a choice with regard to those kinds of sentence, recommend that the court impose one of those kinds of sentence.

(3)  The failure by a prosecutor to exercise the right conferred by subsection (1) is not to be taken into account by a court in determining any appeal against the sentence or in determining any motion to review the sentence.