This topic outlines the types of pre-sentence reports that can be provided to assist with sentencing. It covers the guidelines for deciding which is the most appropriate.
Courts should receive the necessary information to enable the judge to impose sentences in a manner that minimises the number of sentencing hearings required.
Assessments carried out at the pre-sentencing stage are targeted towards assessing information required by the court. They should focus on the information needed to make decisions about the appropriate sentence(s) and any special condition(s) imposed.
Where possible, all necessary information should be presented to the court at the time of sentencing.
There are four types of reports that can be provided to the court at the pre-sentence stage. They are:
A description and the purpose each report is outlined below.
An oral report is the delivery of verbal information provided by the fronting probation officer at court within a few hours of the judge's request.
Purpose
Oral reports provide rapid additional information to the court to enable same day sentencing or decision to remand for a further report.
The oral report requires only a brief interview with the offender and may include on-strength information.
A short report is a concise written report provided after a short interview with the offender and limited investigation.
Purpose
Short reports provide information to enable same day sentencing. They may also be remanded off if the court does not have time to sentence the same day. A short report should continue to be used when a full assessment is not necessary.
Short reports are used for recommending sentences up to community work (CW) and supervision within the hierarchy. In some exceptions, they can be used to recommend cumulative sentences of CD and HD.
A full report is a detailed assessment of the offender's circumstances, needs and approach to addressing their offending.
The report is provided after a remand during which time the offender's rehabilitative needs are assessed in a substantial structured interview.
Purpose
Full reports are used for recommending any sentence within the hierarchy, except the electronically-monitored sentences (CD and HD) which require an additional appendix.
In addition to the full report, the appendix considers all the issues relating to the possibility of an electronically monitored sentence.
The appendix considers all the issues relating to the possibility of an electronically-monitored sentence.
Purpose
The appendix can be used for recommending any sentence within the hierarchy. The sentencing judge must have an appendix before a sentence of CD or HD can be imposed.
The appendix is required if HD/CD is canvassed, as it provides all the information required if a sentence of HD or CD is to be imposed. The appendix includes evidence of the informed consent of the offender and occupants and suitability of the proposed address.
Factors to take into account when determining what type of pre-sentence report is required include:
Keep in mind that at any time during an interview with the offender, the criteria for choosing a report could change and a different report may be more appropriate.
A full report with an appendix must be prepared if the judge indicates that they wish to consider CD or HD, or if the probation officer considers CD or HD to be a reasonable sentencing option.
It may become apparent during a review of the court documents or when briefly talking with the offender that a more in-depth assessment is necessary. This will usually mean completing a full report.
If the offender no longer meets the criteria for a short report then: