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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.

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).

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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