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This topic outlines the process and procedures required when preparing for attendance in a district court sentencing hearing.

Court sentencing list

  • Check the court list for sentencing matters. Identify which sentencing matters will be called and which court to attend.
  • Take copies of each court report available, including copies not collected by counsel and/or the offender.
  • Establish the time sentencing will commence, ensuring time is allowed to adequately set up before court.

Note: CPPS attendance is required in court if home detention (HD) is being recommended.

Review reports

Follow the steps below to review the reports prior to sentencing.

Step

Action

1

Familiarise yourself with the content of the reports.

2

Note any issues with the reports, such as inconsistent recommendations or major errors.

3

Give consideration to any questions that may be raised by the judge and/or the lawyer in respect of the reports.

4

For offenders who are on-strength, note any progress since the report was written.

5

Note if the court will need to make a determination in respect of section 78(2) of the Sentencing Act 2002 (i.e. if an offender is currently subject to a community-based sentence and is subsequently sentenced to imprisonment for less than 12 months).

6

Consider if:
  • any current sentences may need to be cancelled, or
  • it is appropriate to request that any post detention conditions or release on conditions be discharged.

7

Ensure any associated reports (i.e. reparation, psychological reports) are attached.

Other matters

Check with the court to establish if any additional CPPS matters such as breaches/applications are to be called in during the sentencing lists.


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