Information About Pre-Sentence Reports
Posted: Tuesday, January 08, 2008
by Steve Hill
Stuttering therapy
What is a pre-sentence report? Have you had your court case adjourned whilst for a pre-sentence report to be carried out? In this article I will be writing about why a court requests a pre-sentence report and how the whole system works.
As an example I will make up a case that was seen at the magistrate's court. John who is aged forty-two has been charged with assaulting a man outside a bar in his home town of Sunderland. His victim has pressed charges and John is worried about what the potential outcome might be.
To his credit John has tried to learn from his mistake and has vowed never to drink alcohol again.
On the night itself there were a number of reasons as to why John attacked the man. The man in question was his girlfriend's ex-boyfriend who had been causing them problems for a while. John however realised that there was no excuse for his behaviour and that he also would not have reacted in the way, had he been sober.
John was due to attend court at 2pm on Thursday 16th August. He was quite nervous but believed that he would be fined, at worst.
At court, to the frustration of John the magistrates adjourned the case for a pre-sentence report to be completed; this would concentrate on John's thought processes, alcohol usage and anger management. The judge recommended a medium sentence however this would not be binding on the court.
There was no need for John to become so annoyed. You can not blame the judge for asking for this report. He/she does not know John from the next man. He/she has a right to ensure that the public are protected at all times.
The pre-sentence report is also a very good opportunity for John to tell his account of the night's events and to show how remorseful he is.
John went to see the probation officer and answered all of the questions that he was asked. It went a lot better than John had thought it would.
John went back to court around a week later and was given a one year conditional discharge.
A few tips before I end, always ensure that you arrive on time to meet the probation officer, be smartly dressed and do not be cocky, arrogant or obstructive – they are not the police and are basically there to help you.
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