3. Writing the Appendix

Guiding principles

The appendix should be written in language that is simple, clear and concise. Use plain English, not Community Probation & Psychological Services (CPPS) jargon or technical language.

Although the court/NZPB is the primary recipient of the report the offender should also be able to understand its content.

Notes:

• Avoid repeating information in different sections of the report and appendix.
• Information not necessary for the court, but essential to the management of offenders within Corrections, should not be included in the pre-sentence report. The writer should consider recording this information in the Offender Information Report (OIR) instead.

Heading section

The heading must include:

• title ‘Appendix 1’
• suitability of the sentence (either HD/CD); or parole with RR 
• name of offender
• sentencing date/NZPB hearing
• sentencing court/NZPB.

Suitability of proposed address

The ‘suitability of proposed address’ section must include:

• full address and date it was visited by the probation officer
• whether the address is deemed suitable for the purposes of electronic monitoring
• whether the address is deemed suitable for the purposes of serving HD/CD/RR.

If the address is assessed as unsuitable give detailed reasons:

• why the address is unsuitable for EM (eg, not in an area where EM is available, not accessible at all times, EM does not work at the address
• why the address is unsuitable for an offender to serve HD/CD/RR (eg, no room for the offender, location of the address, details of the property).

Suitability of proposed occupants and support

The ‘suitability of proposed occupants and support’ section must include:

• the names of all the occupants and their relationship to the offender
• confirmation that the relevant occupants are aware of the expectations and potential impact in terms of the management of HD/CD/RR
• confirmation that the relevant occupants consent to the offender living at their address while subject to HD/CD/RR 
• a statement that the relevant occupants have willingly signed the occupant’s agreement, or a statement that they have not given consent
• a statement whether the safety or welfare of any of the occupants (including children) will be affected by having the offender at the address.

Note: If the relevant occupants have not consented, there is no need to provide any further information as the address must be deemed unsuitable.

If the occupants are assessed as unsuitable, give detailed reasons why they have been assessed as unsuitable, which may include:

• occupant’s criminal history (but only if this affects the suitability of the relevant occupant)
• appropriateness of the occupants given the nature of the offending 
• occupant’s ability to cope with an offender confined to the address
• any domestic violence or victim issues.

For more information go to, Assessing the Suitability of Occupants. 

The ‘suitability of offender’ section must include confirmation that the offender:

• consents to the conditions that will apply to them
• has willingly signed the offender agreement.

If the offender is assessed as unsuitable, give detailed reasons why they have been assessed as unsuitable, which may include:

• any identified compliance issues (eg, history of escape, non-compliance with electronically monitored sentences/bail)
• any health issues or barriers that affect the offender’s ability to comply
• their suitability to be electronically monitored
• the offender’s attitude to HD/CD/RR.

Other relevant information

Complete the ‘other relevant information’ section following these guidelines:

• If there are no other issues, state that 'No issues have been identified in relation to this proposal'.
• If no responses have been received from Police, CYF, or Immigration, this must be noted.

If issues have been identified, give details on all issues and the reasons why they may affect HD/CD/RR.This may include information:

• from Police, CYF, or Immigration
• about any current sentences
• about the offender’s employment
• about victim issues that have not been addressed in the previous sections.

Sentence/order specific considerations and requirements

This section must include information on any 'sentence/order specific considerations and requirements'.

If HD/CD is recommended in the parent report, no information should be provided in this section of the appendix. Instead, include a reference statement such as ‘All sentence specific considerations are outlined in the parent report’.

If HD/CD is suitable but is not recommended in the parent report, then state:

'Note that the recommendation in the report is for______. However, should the court wish to impose an EM sentence, appropriate conditions for HD/CD would be:

• address
• travel requirements to/from court (HD)
• curfew periods (CD)'.

Note: No other special conditions should be included in the appendix.

Reference:  Special Conditions.

Post-detention conditions for sentences of HD are not included in the appendix but contained in the body of the parent report.

If the appendix relates to RR, all information related to special conditions and transports should be included in the parole assessment report and not in the appendix.

Information to be included in the OIR

The Offender Information Report (OIR) should include any information not included in the appendix but relevant to the offender’s sentence management.  This may include:

•  safety concerns (eg, dogs on property, next to gang house)
• transport arrangements
• details of how the property would be electronically monitored
• confirmation of MOJ/CYF checks.

If the appendix is completed by another probation officer, this information should be forwarded to the parent report writer either by recording it on the hard copy information being returned to that person, or by email.

Finalising the parent report

To finalise the parent report, the conclusions reached in the appendix must be reflected in the content of that report.

If the appendix and parent report are being completed by different probation officers, it is the responsibility of the parent report writer to ensure that the two documents are aligned.

Next steps for reports prepared for court

The report writer is responsible for notifying CPPS court staff that the pre-sentence report for the offender canvasses HD or CD. This will alert them to ensure that a probation officer is in court when the sentencing hearing takes place.

When CD/HD is canvassed

The probation officer who completed the appendix enquiries is also responsible for completing an Electronic Monitoring Pre-allocation Notification and forwarding this to the service manager at the service centre closest to the proposed address.

When HD is canvassed

Along with the above, the probation officer who completed the appendix enquiries is also responsible for completing a connection request and advising G4S to be on standby for a possible electronic monitoring (EM) connection.