This topic contains details of the progress report that is a legal requirement of the JM process. It outlines the report:
- purpose
- timeframe
- format, and
- content.
Report purpose
The report provides the original sentencing judge with information in relation to the offender's progress and compliance to their sentence of either HD or intensive supervision.
Note: If it is impracticable for the sentencing judge to be given the report, the legislation allows for the progress report to go to any other judge of that court.
Legislative reference: Section 80ZJ Sentencing Act 2002.
Timeframe
The probation officer must:
- give the progress report to the judge within the following timeframe, whichever is earlier:
- within three months of the start of the sentence, or
- when the offender has served one-third of their sentence, and
- provide further progress reports if directed by the judge at no less than three-monthly intervals.
Note: The court will provide the due date for each report.
Legislative reference: Section 80ZJ Sentencing Act 2002.
Copy to the offender
CPPS must provide a copy of the report to the offender as soon as it has been completed.
Sending the report to court
The progress report should be sent to the court identified in the special condition at least two working days before the due date recorded in the wording of the condition.
Report format
Using the JM progress report template, the report should contain the following:
- front cover
- sentence details
- progress and compliance with standard conditions
- progress and compliance with special conditions
- other relevant information
- conclusion
- attachments, and
- sources of information.
Report content
The report must include the following information:
- sentence details:
- sentence
- length of sentence
- sentencing court
- sentencing date
- offences, and
- special conditions
- progress and compliance with standard conditions:
- comment on progress and compliance, and
- comment on any enforcement action taken (including any sanctions imposed by the probation officer)
- progress and compliance with special conditions:
- comment on progress and compliance
- comment on any enforcement action taken (including any sanctions imposed by the probation officer)
- comment on progress of any intervention or counseling, and
- feedback from programme facilitators or counselors, where possible
- other relevant information:
- positive or negative events that have occurred during the three-month period
- feedback from sources of information listed in this section
- compliance with any other concurrent sentence, including the fines/reparation payments and activities carried out as a result of restorative justice processes
- any further offending (convictions since sentencing or active charges), and
- concerns raised by police, Child, Youth and Family (CYF), or other agencies regarding safety/risk to public
- conclusion:
- comment on overall compliance and progress
- any proposed changes to conditions of sentence, and
- statement whether variation or cancellation is considered appropriate.
The report must be signed and any attachments to the report listed.
List all sources of information. They can include:
- support people
- family/whanau
- sponsors
- occupants of detention address
- employer
- agency liaison people
- CPPS staff, and/or
- programme providers.
