The criminal justice system can be quite intimidating. This is largely because it can have such a massive impact on your future, but it’s also at least partially the result of how much complex language is used at various stages of the process.
One term that you might have come across is that of a pre-sentence report. While not a substitute for specialised legal advice, this article does aim to provide you with a basic understanding of what the report means, when it might be used, and how you should understand it in the context of your case.
Pre-sentence report defined
Pre-sentence reports (PSRs) have been around for quite some time now. They replaced the Social Inquiry Report (SIR) and were introduced in the 1991 Criminal Justice Act.
They consist of an expert assessment that aims to provide insights into who an offender might pose a risk to, their general behaviour, and importantly, a recommendation of which sentencing option the court should use.
When would be best to seek legal assistance?
In most cases, you’ll want to have access to legal assistance as soon as you believe that an investigation might be carried out. If you’re already dealing with a pre-sentence report, then the investigation will likely have come to a conclusion, with you having been found guilty one way or another.
Still, it’s imperative that you are able to contest any factually incorrect facts that are brought up in the pre-sentence report. If the report contains substantial errors that paint your character in a negative light, it’s possible that you’ll end up facing a sentence that is disproportionate.
When are pre-sentence reports used?
Pre-sentence reports tend to be produced and used very late in the court process. In most cases, the defendant will already have been found guilty – either by pleading guilty or after being found guilty after a trial. The report is used to try to improve the sentencing process, aiming to ensure that the best sentence possible is handed out at the end.
Who writes pre-sentence reports?
The authority responsible for writing or presenting pre-sentence reports will depend on who the defendant is. In most cases, it will be prepared by the National Probation Service (or NPS) , the body which is usually responsible for re-integrating high-risk individuals back into society.
However, the report can also be prepared by a social worker, if the defendant is a youth offender. This is to ensure that the report preparer is in the best position possible to assess the individual in question, to help the court apply the most appropriate sentence.
What do pre-sentence reports contain?
Pre-sentence reports contain a wide range of information, which can be broken up into the following categories:
Criminal history
An important part of the report will consist of the defendant’s criminal history. This will help to highlight what options worked (or didn’t work) to rehabilitate the offender in the past, providing evidence of compliance with the Probation Service.
Personal information
The defendant’s personal information will also be included, looking at their age, education, family history, and any mental health or drug concerns that might influence the court in coming to a decision.
The offence in question
Importantly, the report will also contain extensive information on the offence that has been committed, including the nature of the act, along with any relevant mitigating or aggravating factors.
Insight
This section will be related to the level of remorse that the defendant shows, and how motivated they will likely be to comply with various interventions.
Risk
An important part of the report will be the section considering the risk that the defendant poses to themselves, the public at large, and their victims.
Sentence
Lastly, the report will contain recommendations that cover what kind of sentence might be appropriate for the defendant. This will be based on the factors listed above, along with available programs and the needs of the individual.
Are pre-sentence reports mandatory?
In most cases, if the offender is aged 18 or over, it is mandatory that the court both obtains and considers a pre-sentence report before forming an opinion as to the appropriate sentence. This is the case whether the sentence is either custodial or results in a community order.
There are, however, some very important caveats. One is somewhat open to interpretation, and covers situations where the court considers it unnecessary to obtain such a report, if a pre-existing report is available on the defendant.
The pre-existing report must contain relevant information, such that a new report would be both unnecessary and substantially redundant.
Different kinds of pre-sentence report
There are three main different kinds of pre-sentence reports that can be produced:
Standard delivery report
For cases that require a substantial amount of research being carried out on the defendant facing sentencing, a standard delivery report will usually be required. This will typically apply to serious criminal cases, where the defendant can be considered to be high risk.
Contained in the report will be both a detailed risk assessment of the defendant, and a highly detailed sentencing plan. Due to the fact that these reports are relatively in-depth and require a lot of research, the court will be adjourned for three weeks, with the sentencing process not being able to start until this time frame is up.
Fast delivery report
In cases where the defendant can be placed in a medium-risk category, a fast-track delivery report may be considered appropriate. This will typically be less in-depth than the standard delivery report, and will only require an adjournment of around one week. This also allows for the sentencing process to proceed more quickly.
Stand down report
In cases where the defendant is considered to be low-risk, and has no prior convictions, a stand-down report might be considered an appropriate option.
While both the Standard and Fast delivery reports will be presented in written form, stand-down reports will be presented verbally. They will be completed that day at the court, and will cover information such as how capable the individual is to carry out community orders of unpaid work.
Your pre-sentence report will likely form an integral part of the sentence that you end up receiving, and it’s important that you understand what goes into making the report. Make sure you speak with your criminal defence solicitor, so that you can gain a more thorough understanding based on your specific case.
Are you facing charges? For further advice specific to your charges, reach out today by calling on 0161 234 0020 (MANCHESTER) / 0203 053 8625 (LONDON) / 07956 555797 (24 HOUR). You can also contact our team of solicitors directly.
