About Pre-sentence Reports

This topic covers general information about pre-sentence reports. For details see separate chapters on each report type.

Who can perform an assessment/report

Only probation officers trained in the specific assessment type (e.g. short reports, full reports, reparation, etc) are able to undertake assessments/reports.

When to prepare a report

A pre-sentence report must be prepared:

• in all cases where such information is lawfully requested by the court about a person convicted of an offence punishable by imprisonment, or
• in the case of Collections, about fines defaults.

Legislative reference: Section 26 Sentencing Act 2002.

The court may direct

In directing the preparation of a report, the court may:

• provide other information or guidance that will assist in the preparation of the report, and
• indicate the type of sentence or other way of disposing of the case that is being considered.

Further direction may be sought from the court if, when undertaking an assessment, it appears that the direction given by the court may no longer be appropriate given new information gathered (e.g. if same day report requested but complex issues are identified).

Note: If the court directs that community detention (CD) and/or home detention (HD) should be canvassed, this must be done (i.e. an appendix completed and submitted) whether or not the probation officer recommends one of these sentences.

Limitations

The court should not call for a report on any aspects of the offender's personal characteristics or history if:

• that information is already available in a previous report, and
• there has not been a significant change in circumstances.

Such a situation will often be dealt with as an oral/on-strength report.

If the court does request a report in these circumstances, the most recent report should be used as the basis for the new report.

Storage of interview notes

Notes taken at the time of the interview, and other supporting documents used in the preparation of the pre-sentence report, must be kept for a minimum of 12 months.

The sentence may be appealed or the report may be challenged. If an appeal is lodged or a report is challenged through the privacy commissioner or the ombudsman then all notes and documents must be retained until the appeal or dispute has been decided.

Hard (paper) copies of all pre-sentence reports, including attachments, must be retained in secure storage in the service centre of origin for the length of time specified in statutory archive standards.  For information on archiving documents, go to Maintaining the Offender File.