sentencing

[gilly100788]

Can you tell me if somebody is found guilty after a not guilty plea are they sentenced straight away or do they have to return at a later date for sentencing ? thanks.

[jackthehat]

No one answer.
Sometimes sentencing is deferred for 'reports to be made and received'......

[exdc]

Either can happen.

[gilly100788]

Thanks for that, So you would just turn up in court and not know either way.

[exdc]

The dendant/s would be told after being found guilty.

[exdc]

Defendants, sorry.

[gilly100788]

ok thanks very much for that.

[New Judge]

Assuming you are talking about a Magistrates' court case, if the Bench is considering anything other than a fine or a discharge a pre-sentence report will be required.

Sometimes this can be done at court on the day. This depends on the type of sentence under consideration (it cannot be done if custody or anything other than a straightforward community order is being considered) and the availibility of probation staff at court. Otherwise an adjournment will be necessary, usually for about three weeks, so that the report can be provided.

The situation is similar in the Crown Court, though judges sometimes exercise some discretion over whether they need a report or not.

[gilly100788]

thanks new judge its actually crown court, so as you say it could be straight away of await reports.

[murraymints]

if it is in a high court it is likely that reports are asked for first....

[gilly100788]

no its just crown court.

[murraymints]

crown court is considered to ba a higher authority as opposed to magistrates....

[gilly100788]

what sort of reports do they ask to see then ? would it be from an employer ? thanks

[murraymints]

any involvement with social services/docs etc...

[gilly100788]

what if there is no involment with social services etc as never been in trouble before would they still have to get reports ?

[murraymints]

An interview can be arranged with social sefvices if it is thought there are things that require consideration..it is a good thing as it implies doubt re responsibility etc..

[gilly100788]

ok thank so much for you info

[New Judge]

Social services or employers are not involved in the preparation of pre-sentence reports (PSRs).

The probation service compiles PSRs and they interview the defendant in order to compile the report. The interviewer will look in detail at circumstances surrounding the offence and the background of the offender. This is to enable the judge or Magistrates to arrive at a suitable sentence.