The content of the summary should lead the reader to the same conclusion as the writer of the report, without requiring them to read all the supporting detail. The entire report and reasons for reaching conclusions should not be repeated, as they are contained elsewhere.
Reasons for recommendation
Include a short summary of the following:
- The offending section of report, mentioning relevant offending history (e.g. recidivist nature), expressions of remorse and any reparation offer. Include victim's response if relevant or refer to separate reparation report if one is being prepared.
- Acknowledgement of sentencing trends and reasons if the recommendation is significantly outside the usual range.
- If a sentence of imprisonment is likely, state whether it is likely to be a short sentence (two years or less) or a long sentence (more than two years).
Note: If a short prison sentence is considered likely or recommended, ensure the report canvasses alternatives (HD, community-based sentences and post release conditions).
- Any sentencing options being seriously canvassed, including any indicated by the judge. Given the greater range and complexity in sentencing options, the reasons for and against any relevant sentences canvassed must be clearly outlined.
Note: This is a critical part of the summary and it is not enough to simply state that possible sentencing options have been rejected or supported. Judges are looking for the reasoning behind the recommendation. However, probation officers are not required to provide detailed reasoning for all possible combinations. The report should concentrate on sentencing options that are the most likely alternative(s) to the one that is recommended.
Proposed sentencing option
Include a short summary of the following:
- the offender's response to the proposed sentencing options and any identified challenges to compliance
- details of any special conditions offered in terms of how they will assist in reducing the risk of re-offending, and
- an advice to the judge if an appendix relating to HD and/or CD has been included in the report.
Note: Only the decision (suitable or not) regarding HD and/or CD is stated. The details of suitability are contained in the appendix.
- If community-based sentences are not supported, the language and emphasis of this section should point to a sentence of imprisonment. It is within this context that HD should be canvassed as it is considered as an alternative to a short term of imprisonment.
- If appropriate, note if judicial monitoring should be considered for HD or intensive supervision (e.g. the judge may consider a condition of judicial monitoring). No explicit reference or condition should accompany this indication in the recommendation.
- If considering CW, indicate if it has been assessed that the offender could benefit from attending BWLS, (e.g. the judge may wish to consider BWLS, if considering CW). No explicit reference or condition should accompany this indication in the recommendation.
- If recommendation is for a further remand (e.g. for offender to pay reparation or complete alcohol assessment) clearly state why remand is necessary.
- Note if the offender has spent a period of time on remanded in custody, or on electronic bail.
- Summarise any relevant fines information provided by Collections and discuss how the information impacts on sentencing (e.g. if fines could be remitted).
- Note the effects of new sentences on any existing sentence. Consider if any existing sentences will need to be cancelled.
- If recommendation is for a short term of imprisonment, comment on:
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- whether the offender is also subject to a long term sentence of imprisonment
- whether they are on parole, and
- the statutory release date for the sentence.
