What is included in a pre-sentence report?

Pre-sentence reports a summary of the facts of the case. an expert risk and needs assessment about the individual circumstances of the offender and the offence(s) committed. an analysis of the sentencing options, with an independent sentence proposal.

What is a pre-sentence report NSW?

A pre sentence report is a report that is provided to the Court that is sentencing an offender. A pre sentence report is prepared by the NSW Probation and Parole Service. The court would, in this instance, order a pre sentence report to assess the offender for suitability for supervision by Probation and Parole.

How do I prepare for a pre sentencing report?

To prepare the report, a probation officer (or a social worker or psychologist working for the probation department) first interviews the defendant and checks the defendant’s rap sheet (criminal record).

What questions are asked in a pre-sentence report?

They will ask about your offence, but they will also want to know more about your childhood, employment history, relationships and use of substances. It’s entirely up to you how much you discuss with them, but generally the more information you can provide them with, the better.

Does everyone get a pre-sentence report?

Legal basis. The parties have a duty to actively assist the court by early communication to establish the defendant’s likely plea at the first available opportunity. The court has a duty to obtain a pre-sentence report before considering community or custodial sentences unless it decides such a report is unnecessary.

Who is entitled to a copy of a pre-sentence report?

The people who see the report are: you, your solicitor, your barrister (if you have one), the prosecution, the judge or magistrates, the court clerk and probation officers. You will be allowed an opportunity to read through your report before the sentencing hearing.

Can you be sentenced without a pre-sentence report?

The pre-sentence interview You must co-operate with probation, or it may harm the sentence handed down. The court can impose a bail condition that you cooperate with probation. If you do not attend a pre-sentence interview, you may be sentenced without the benefit of a report.

What is a pre-sentence?

A pre-sentence investigation report is typically a report prepared by a probation officer with the department of corrections in anticipation of a sentencing for a person who’s either entered a plea to a criminal felony or is being sentenced after trial.

Why does a judge ask for a pre-sentence report?

The court asks for a Pre-Sentence Report when it wants to know and understand more about you, so it can decide what sentence would be most appropriate — given the crime you have committed. This will be after you have pleaded guilty or been convicted after a trial, and will delay the sentencing.

When should you ask for a pre-sentence report?

If you’ve pleaded guilty to a criminal offence, the judge or your defence lawyer may request a pre-sentence report. This is essentially an impartial report that gives the sentencing judge (or magistrates) an idea of your background and the most suitable punishment for the offence that you have committed.

Is pre-sentence report mandatory?

The requirement of Pre-sentence report is mandatory in case of offenders who are below the age of 21 years but not considered fit for release on probation under Section 6 (2) of the Act.

When to order a pre sentence report in NSW?

Prior to sentencing, the Magistrate may order a pre-sentence report. This is especially likely if the committed offence could result in imprisonment. In NSW, the pre-sentence report is the gathered facts pertaining to the context and situation of an offender.

What should be included in a pre sentence report?

Probation and Parole will prepare a pre sentence report to provide the court with information about what other sentencing options are available to the court. For instance, if the court was considering imposing a sentence of Community Service, Probation and Parole would have to assess the offender for suitability to perform community service.

Can a youth court dispense with a pre sentence report?

(7) A youth justice court may, with the consent of the prosecutor and the young person or his or her counsel, dispense with a pre-sentence report if the court is satisfied that the report is not necessary. 2002, c. 1, s. 39; 2012, c. 1, s. 173; 2019, c. 25, s. 372.

When to order a sentencing Assessment Report ( SAR )?

An SAR will commonly be ordered where the court is considering sentencing an accused to imprisonment and wants to fully explore all the alternative to a custodial sentence. Courts are only allowed to sentence offenders to imprisonment as a matter of last resort.