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This section contains the procedure for conducting the short assessment interview. The interview should focus on determining sentence eligibility for:

  • discharge with/without conviction
  • fines
  • reparation
  • CW, and
  • supervision.
  • community detention (CD).

Note: A short assessment report that canvasses community detention must have the relevant appendix attached. Instructions for completing the appendix are not contained in the following procedure but can be found in this volume, part V Appendix for Electronically-monitored Sentences/Orders.

Steps to take

Using the short assessment booklet, follow the steps below to undertake a short assessment interview.

It is possible to complete the pre-sentence report without the offender's participation in the interview.

Reference:  For more information about this see this chapter, the topic Completing a Report Without Interviewing the Offender.

Step Action

Offender details and interview/report information

1

  • Inform the offender of the assessment process using the interview checklist.
    • Explain role and purpose of assessment.
    • Explain obligations and rights of offender in relation to assessment process.
    • Note in the booklet if the offender has confirmed their understanding of the assessment process.
    • Note any issues the offender may express about the interview.
  • Confirm file information using the offender details sheet.
    • Record personal details.
    • Canvass ethnicity details.

Screening for safety

2

  • Assess the offender’s safety. If the offender answers yes to any of the safety questions, discuss with the service manager with a view to considering contacting appropriate services.

Undertake screening tests

3

Complete screening tests for alcohol, drugs and gambling.

  • Alcohol Use Disorders Identification Test (AUDIT).
  • Drug Abuse Screening Test (DAST).
  • Problem Gambling Screening Test (NINE).

Notes:

  • All three screening tests relate to the past 12 months (regardless of whether offender is or has been in custody during this time).
  • After completing questionnaires canvass in more detail any abuse of drugs or alcohol; or gambling issues (if identified).

Discuss with the offender

4

  • Read the summary/summaries of facts to the offender and record the following:
    • agreement or disagreement with facts
    • if multiple offences, canvass offender’s view of all summaries
    • remorse/victim empathy
    • insight into offending
    • willingness to make reparation (if applicable), and
    • willingness to participate in restorative justice process (if applicable).
  • Discuss with the offender:
    • previous offending pattern, and
    • response to previous sentences/current sentence, including programmes.

Social circumstances review

5

  • Determine the offender’s social circumstances using the social circumstances checklist.
    • Limit the gathering of information to current and relevant matters.
    • Briefly canvass domestic and employment details.
    • Canvass health if relevant to sentencing.
    • Consider any impacts on possible sentencing options or special conditions.
    • Include cultural, religious or spiritual considerations (i.e. whânau; church activities).
    • Briefly canvass finances if appropriate.

Notes:

  • Only use the financial information sheet if a fine and/or reparation is being considered or has been indicated by the judge.
  • If there is some doubt about the accuracy of the information supplied, ask the offender to provide evidence to support the information.
  • For offenders remanded for non-payment of fines, Collections will have already assessed their financial situation

Complete the conducting other enquiries section with the offender

6

  • Advise the offender that you will need to contact others to obtain supporting/verifying information.
  • Explain to the offender that talking with others will help:
    • inform decision making
    • verify information, and
    • determine sentencing eligibility.

Note: Consent from the offender to contact others is not required. However, it is important to advise the offender who you plan to contact.

Canvass sentencing options with offender

7

  • Discuss judicial indication (if relevant).
  • Discuss possible sentencing options, taking note of their responses.
  • Canvass participation in the restorative justice process (if applicable).
  • Canvass willingness to pay reparation.
  • Inform the offender of the power of the court to take into account measures planned or taken to make amends (give advice about the process if appropriate).

If considering community detention (CD), provide the offender with some general information about this sentences and ask if they are interested in CPS canvassing these as options. If the offender expresses an interest, obtain their consent for CD.

In some cases it may be more appropriate to make another appointment with the offender to canvass CD. If so, complete the rest of the interview and make another appointment. It may also be appropriate at this stage to make an appointment for a home visit to access the address and meet the occupants.

It is important to make every effort to gain the offenders agreement to canvass community detention.

If the offender still does not wish to be considered, no further action can be taken to canvass these options.


Reference: This chapter, the section Canvassing HD or CD with the Offender.

Legislative reference: Section 10 Sentencing Act 2002.

Conclude interview

8

  • Inform the offender of what happens next, including how they can receive a copy of the pre-sentence report.
  • Provide the offender with information about applying to the court to make submissions on their personal, family, whânau, community and cultural background, and other matters.
  • Encourage the offender to seek advice from counsel or court staff as to the appropriateness of such an application.

Legislative reference: Section 27 Sentencing Act 2002.

9

Following the interview

  • Update the offender's personal details in IOMS
  • Act on any safety issues, including:
    • Record in case notes
    • Record an electronic alert (if necessary)
    • If there is reason to believe that any child is at risk of abuse, you must make a notification to Child, Youth and Family (CYF) and
    • Contact any other services, e.g. community mental health
  • Record screening assessment results in IOMS
  • Make any referrals if identified in the interview.


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