Whenever the court considers imposing a community or custodial sentence it should request a pre-sentence report unless, and exceptionally, it considers it unnecessary in all the circumstances to do so.
We have previously described, in general terms, what a community or custodial sentence entails. A community sentence should be imposed when the offence is "serious enough" to merit one; a custodial sentence should be imposed when the offence is "so serious" that only custody is appropriate.
A pre-sentence report contains information designed to assist the court in choosing the most appropriate sentence for an offender, given the circumstances of their offence and their personal circumstances. It is completed by an officer of the National Probation Service and can be delivered to the court verbally, which is useful for a speedy sentencing exercise, or as a written document, which is more appropriate when sentencing is adjourned.
It would take a brave lay bench to sentence an offender to a community or custodial sentence without seeking the views of the National Probation Service beforehand. However, if a report had previously been prepared quite recently, which may well be the case for a repeat offender, it could be referred to for the current sentencing exercise.
When the court asks the National Probation Service to prepare a report it will indicate the level of sentence (low, medium or high level community, or all options) and requirements being considered. The typical requirements associated with low, medium and high level community orders are shown in the table below. The court should make clear to all parties that an indication of sentence at this stage in no way binds a future bench to the same decision, so that any sentence within the law could still be imposed.
The first step in preparing a report is for a probation officer to interview the offender. The officer will ask a series of questions, which are used to determine an offender's understanding of the consequences of their behaviour, level of remorse, willingness to address their behaviour, and personal circumstances.
The officer will also assess the offender's risk of reoffending (e.g. committing any future offence) and risk of serious harm (e.g. committing an offence that causes death or serious personal injury, whether physical or psychological).
The report will give an update on the offender's level of compliance and engagement with any previous community sentences imposed. It will also indicate the suitability (or not) of an offender for different requirements of a community sentence. For example, a curfew requirement would probably not be appropriate for an offender with young children and no nearby family; unpaid work would probably not be suitable for an offender with a serious physical disability; an alcohol treatment programme would be appropriate for someone who commits their offences when drunk; custody might be appropriate for an offender who shows no remorse or willingness to engage with the requirements of a community sentence.
It should be noted, however, that the court is not bound by any recommendations made in a pre-sentence report.
Once the report has been delivered and digested, the court can go ahead and sentence the offender.
2 comments:
What would be the consequence if an offender lied on a probation report to get a lighter sentence or smaller fine?
That's a very good question and I'm sure some offenders know exactly what to say when they are speaking to probation. The report is to advise the court, not to bind it - if the court thinks the offender is trying it on they could disregard the report or parts of it.
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