pre sentance reports

[suse17]

help please nephew got to have pre sentance reports what does this involve please

[doglady]

It's not a load off ********, thank you!! We get trained to write those reports, and just because you don't agree with what's in them doesn't mean it's not right.

At least you get a chance to give your side - otherwise the Courts have to decide what sentence to give you by themselves. Plus, the probation service sometimes know the legal sentences better than the magistrates so you are more likely to get a proportionate sentance and a legal sentence!!

What was the offence suse?

[doglady]

Also, full pre-sentence reports go into a lot more detail than a fast-delivery report which are the half hour ones.

[suse17]

thank you for all your answers he is being charged with assult he has no prievious and is usually of good character has been warned he might get sent down this is a first offence have asked about this prieviously abh the full storie is on there anything that might help is welcome thanks wizard you gave me good advice before on last question will his employment make any difference and he has just finnished a managers course he is very sorry for what he has done and how does he show that to the people who are going to do this report any advice welciome HAPPY EASTER to all thanks for taking the time to read this

[suse17]

hes 20 at the moment so dont know if he will go to young offenders

[New Judge]

Oh no. He's a big boy now (over 18) and will go to a normal prison.

However, magistrates' sentencing guidelines for Common Assault suggest a starting point of a Community Penalty, so, unless the offence was particularly aggravated, custody is unlikely.

I'll not get involved with wizard's argument about pre-sentence reports - he or she obviously has strong views. Sufficient to say that a properly completed PSR with which the defendant has co-operated is more likely to keep him out of prison than to send him down.

[doglady]

I'm being professional and staying outnof the PSR discussion now, by the way!

[covm80]

Pre-Sentence Reports include a risk assessment and within this it will take account your nephew's previous good character. (it will assess his risk or harm to self and public and risk of re-offending)
It mainly covers these factors: the actual offence and why it happended, his state of mind leading up to the offence etc.
his upbringing/past; his employment; alcohol/ drug misuse; family; peers and influences' education etc etc.... a lot is covered to make an accurate assessment of what he is likely to do if in a similar situation in the future! (hopefully he would not re-offend and there are reasons as to why he unfortunately did so here)
It ends with a conclusion recommending what the appropriate sentence will be for your nephew... he must take his appointment with the probation officer seriously, as ultimately the judge/ magistrate will look to the advice of the probation officer, as they are making recommendations based on the time they have spent with the person (usually up between 1.5 - 2 hrs)

[covm80]

apologies for my spelling mistakes!
wrote that and posted it before re-reading it... if you wanted to find out more go onto the home office website and look for the link to the national probation service website!
Not all people that have reports written go to prison!

[suse17]

thank you this was reassuring and helpfull

[twitchy_one]

Having appeared in crown court in December 07 for GBH, I found the Pre-sentence report process to be down to earth and reasonably fair. The officer on my case, through structured chat, seemed to be tasked with establishing my risk to society of reoffending and then recommending a sentence length. She had time to listen and when we over-ran, happily booked a further appointment.

The conversations dealved into childhood and family (which felt a little invasive) but were aimed at discovering attitude to situations rather than 'why has this happened?'.

At times times suggestions of feelings were given to me, for instance 'that must have made you angry?'. I felt a weaker person may have have just agreed with her rather than correcting.

It was disappointing that the officer had only the prosecutions story to go by and wasn't interested in my side. I quickly realised this and decided not to push it. She wasn't the judge after all.

I must summarise by saying (I'm led to believe) how important the report that follows is generally taken by the judge. Recommended sentence lengths, either custodial or communal are, I think, not influenced by the interview. But which of the two it is will be.

Hope this helps, Bob.