Provision of Information

Introduction

To ensure that courts receive the necessary information to enable them to impose the new sentences, and to minimise the number of sentencing hearings required, the Department of Correctionâ€™s approach to the provision of information has changed.

Much of the detailed assessment of offendersâ€™ needs will now be completed at the post-sentencing stage. Assessments carried out at the pre-sentencing stage are targeted towards assessing information required by the court. They therefore focus on the information needed to make decisions about the appropriate sentence(s) and any special condition(s) to be imposed.

Information and reports now available

The following table summarises the types of information/reports that are now available.

Type of information provided	Purpose	Change from October 2007
Front of court services Includes on-strength information, and advice about sentencing options. Provided in court, on request.	To provide immediate advice and information to the court.	No change.
Oral reports Very brief additional information, collected via a very short discussion with the offender at court. Average of 20 minutes allowed for preparation of report.	To provide rapid additional information to the court to enable same day sentencing or decision to remand for a further report.	No change.
Short reports Includes a short interview and some investigation. Average of two hours allowed for completion of a short report.	To provide more information about the offenderâ€™s circumstances, on the same day. Allows for same day sentencing to CW, supervision, or cumulative sentences of CD or HD.	Similar to a level 1 report, but shorter. Focus is on same day completion, to allow for same day sentencing where possible.
Full reports Includes a detailed assessment of the offenderâ€™s circumstances, needs, and approach to addressing their offending. Average of six and a half hours allowed for completion of a full report (no appendix).	To provide detailed information about the offender. Allows for sentencing to any sentence, except the electronically- monitored sentences (CD and HD) which require an additional appendix.	Similar to a level 2 report, but shorter. Requires a three week remand.
Full reports with appendix In addition to the full report, the appendix considers all the issues relating to the possibility of an electronically- monitored sentence. Average of nine and a half hours allowed for completion of a full report with an appendix.	To provide all the information required if a sentence of CD or HD is to be imposed. Includes evidence of the informed consent of relevant occupants, suitability of the proposed address etc.	Similar to the HD report provided to the NZPB. Requires a three week remand. An appendix will be provided, in addition to the full report, if the court indicates that CD or HD is being considered or if the probation officer considers one or both to be viable sentencing options.

Three week remand period

All necessary information will be presented to the court at the time of sentencing. If the probation officer interviewing an offender for an oral or short report considers that the offenderâ€™s needs or circumstances are more complex than can be assessed in the time available, the probation officer will ask for a three week remand in order that a full report (with or without an appendix) can be prepared.

Every effort will be made to complete full reports (with or without an appendix) within the three week remand period. This will require the cooperation of the offender and any other people (e.g. relevant occupants, employers) from whom information is required.

Under normal circumstances a single three week remand will be the longest that is required.

Completing an appendix

Probation officers will complete an appendix in all cases where:

the court indicates that CD or HD should be considered, or
the probation officer considers that one or both sentences could be considered reasonable sentencing outcomes.

Arrangements have been made with the Ministry of Justice (Courts) to ensure that the Department of Corrections is notified of all such indications made by the court.

Note: In the event that the court is presented with a full report without an appendix, and then decides it wishes to consider CD or HD, a further three week remand will be required. This is to enable an appendix to be completed, and the full report to be amended accordingly.

Substituting an existing sentence

If an offender is sentenced from an oral or short report, and subsequent assessment indicates needs or issues that should be considered by the court, the probation officer will apply to the court for a variation and/or cancellation and substitution of the existing sentence.

Example: A more severe AOD need that indicates need for a residential programme that cannot be provided under an imposed sentence of supervision but requires an intensive supervision sentence.

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