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Pre-sentencing reports - do they always get asked for
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If you are found guilty at a Crown Court trial of an offence that carries a custodial sentence (or possibilty of one), is there always an adjournment for pre-sentencing reports before the judge passes sentence?
Or are some of those convicted sent straight to jail, without any reports being done first?
Or are some of those convicted sent straight to jail, without any reports being done first?
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I see that New Judge has already answered this elsewhere.
I'll just add that a delay in sentencing, while reports are compiled, doesn't necessarily keep the convicted person out of prison. If the judge is reasonably confident that a custodial sentence is likely, they can jail the offender 'on judge's remand' until sentencing.
Chris
I'll just add that a delay in sentencing, while reports are compiled, doesn't necessarily keep the convicted person out of prison. If the judge is reasonably confident that a custodial sentence is likely, they can jail the offender 'on judge's remand' until sentencing.
Chris
i really dislike pre sentence reports (had personal experience of this). You sit in a room with a 'clerical officer' who asks you what they want to ask you. They interpret their own version of what you say, compile a report on you after speaking to you for 30 mins, or less and your fate is in their hands.
(AB keeps giving error messages, so I'll try posting this in 2 parts):
The type of pre-sentence report referred to by Badgerchops normally applies to relatively minor offences, where (for example) the court might require information about the convicted person's ability to pay a fine (or possibly the effect upon their employment of a very short custodial sentence).
The majority of pre-sentence reports (particularly for offences which might lead to a term of imprisonment) are carried out by experienced probation officers. They'll ask searching questions but generally they're trying to keep people out of prison wherever possible.
The best advice I can give is to try to work out what type of answers they're looking for. For instance, somebody convicted of a violent offence might be asked whether they thought that they'd benefit from attending an anger management course. Irrespective of what the offender actually thinks about such a course, the best answer (i.e. the one which is most likely to keep them out of prison) is to say "I'd welcome such a course. I really want to get to grips
The type of pre-sentence report referred to by Badgerchops normally applies to relatively minor offences, where (for example) the court might require information about the convicted person's ability to pay a fine (or possibly the effect upon their employment of a very short custodial sentence).
The majority of pre-sentence reports (particularly for offences which might lead to a term of imprisonment) are carried out by experienced probation officers. They'll ask searching questions but generally they're trying to keep people out of prison wherever possible.
The best advice I can give is to try to work out what type of answers they're looking for. For instance, somebody convicted of a violent offence might be asked whether they thought that they'd benefit from attending an anger management course. Irrespective of what the offender actually thinks about such a course, the best answer (i.e. the one which is most likely to keep them out of prison) is to say "I'd welcome such a course. I really want to get to grips
with my aggression".
Probation staff generally want to convince a court that it's worth trying non-custodial options. If they can write "Mr Bloggs has recognized that he has a problem controlling his aggression and has shown his willingness to participate in a suitable course", then they'll do so. However, they won't lie. If Mr X has already attended three such courses, with no signs of improvement, the probation staff might write, "Reluctantly, the probation service is forced to accept that all non-custodial options have been exhausted". That's not the same as actually recommending prison; it simply accepts its inevitability.
That type of report usually takes at least 3 to 4 weeks to compile and present to the court. (A copy is sent to your legal representative before the sentencing hearing). Additional time might be required if the court, or the probation service, wishes to receive external reports (e.g. psychiatric reports)
Chris
Probation staff generally want to convince a court that it's worth trying non-custodial options. If they can write "Mr Bloggs has recognized that he has a problem controlling his aggression and has shown his willingness to participate in a suitable course", then they'll do so. However, they won't lie. If Mr X has already attended three such courses, with no signs of improvement, the probation staff might write, "Reluctantly, the probation service is forced to accept that all non-custodial options have been exhausted". That's not the same as actually recommending prison; it simply accepts its inevitability.
That type of report usually takes at least 3 to 4 weeks to compile and present to the court. (A copy is sent to your legal representative before the sentencing hearing). Additional time might be required if the court, or the probation service, wishes to receive external reports (e.g. psychiatric reports)
Chris
Buenchico, do you work for the Probation Service by any chance? Your answers sound very informed!!
By the way, custody can now be asked for in the short type of pre-sentence reports. And when I do them, I always ask the offender at the end if they have anything they want to add to the report, or anything they wish I had asked them. They never do!!
By the way, custody can now be asked for in the short type of pre-sentence reports. And when I do them, I always ask the offender at the end if they have anything they want to add to the report, or anything they wish I had asked them. They never do!!
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