D. Reaching a Recommended Sentencing Option

Recommending a sentencing option

All pre-sentence reports must include a recommended sentencing option. The report may also include brief information about other options that have been considered but not recommended.

The court is responsible for determining the sentencing outcome. This may or may not be the sentencing option recommended in the pre-sentence report.

If the probation officer has canvassed but not recommended an electronically-monitored sentence, the pre-sentence report must contain sufficient information to enable the court to impose such a sentence if it chooses to do so.

Canvassing options

Before attempting to reach a recommended sentencing option all unavailable or unsuitable options should be eliminated, and all reasonable options should be canvassed.

The sentencing matrix has been developed to assist in this process. The matrix should be used to identify:

• what sentencing options are not available/suitable (e.g. supervision is not suitable if a residential programme is required, or the legislation governing the offence may limit the available options), and
• what sentencing options must be considered (e.g. sentences indicated by the judge, or those clearly indicated by sentencing precedents/trends).

Reference: Volume 1, Part II, Chapter 1, The Sentencing Matrix. (Please refer to the related links section on this page).

General considerations

When considering what sentencing option to recommend, the purposes and principles of sentencing should be considered.

The following factors should also be considerations:

• length and seriousness of offending history
• seriousness of the current offending
• risk of further offending
• safety of the community
• impact on victims
• any special conditions that are considered appropriate
• offenders ability to comply with the sentence, and
• offender's response to previous sentences.