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.
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Action |
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Offender details and interview/report information
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1
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- 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.
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Screening for safety
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2
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- 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.
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Undertake screening tests
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3
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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).
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Discuss with the offender
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4
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- 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.
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Social circumstances review
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5
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- 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
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Complete the conducting other enquiries section with the offender
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6
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- 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.
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Canvass sentencing options with offender
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7
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- 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.
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Conclude interview
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8
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- 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.
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9
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Following the interview
- Update the offender's personal details in IOMS
- Act on any safety issues, including:
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- 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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