Probation Officers in Court

Probation Officers have an active role in courts throughout New Zealand. Their role is to provide the judge, when requested, with as much information as possible about a person who has been convicted of an offence punishable by imprisonment. This assists the judge to make the best decision about what sentence the person should receive and what help can be provided to prevent the person re-offending. Probation Officers interview and assess offenders and write pre-sentence reports, including reparation reports.

Preparing pre-sentence reports
When someone has been convicted of an offence that carries a possible sentence of imprisonment, the judge may ask a Probation Officer to find out more about the offender. The Probation Officer will interview the offender, make enquiries with the offender's family and friends, and gather information from the Police and Department of Corrections. For very serious offending the Probation Officer will do an in-depth assessment which will closely examine what led to the offending.

Once the Probation Officer has all the information, he or she will take into account what the law says about sentencing for the particular offence and write a pre-sentence report for the judge. The report provides background on what led to the offending, including a summary of the person's social and health circumstances if appropriate. The report includes the Probation Officer's assessment of how willing the offender is to change his or her behaviour and a recommendation for the judge on the most appropriate sentence. The sentence recommendation may include sentence conditions which aim to protect community safety and address the offender's rehabilitative needs.

The pre-sentence report is available to the court, the offender, the offender's lawyer, and the prosecution lawyer. The judge considers the report, along with other information on the offender, and sentences the offender. On some occasions the Probation Officer will present information on an offender verbally, rather than in a written report.

Once the offender has been sentenced, the information in the pre-sentence report is used by either the Community Probation Service or the Public Prisons Service to manage the offender, depending on whether the offender has received a community-based sentence or a prison sentence. This may include further assessment of the offender to establish the best way to deal with his or her rehabilitative needs.

Reparation reports
The sentencing laws state that people who have been convicted of an offence where there is an identifiable victim should have the opportunity to make amends to the victim. The court can request that a Probation Officer completes a reparation report before the offender is sentenced. This report establishes if the offender can make financial compensation in some way for the offending. The reparation report includes information on the value of the loss or harm caused by the offending (including physical or emotional harm) and any consequential damage. The court must take into account the financial circumstances of the offender and make a recommendation on what the offender should pay in reparation.

The Community Probation Service provides the court with information to assist judges with their sentencing decisions and manages people who are on community-based sentences and orders. Community-based sentences and orders include: Supervision, Community Work, Home Detention, Release from prison on conditions and Parole. Offenders on community-based sentences and orders have to meet the requirements of their sentence and may have to attend rehabilitative programmes which address their offending needs.