What happens at a pre-sentence investigation?
During the presentence investigation, a probation officer will interview other persons who can provide pertinent information, including the prosecutor, law enforcement agents, victims, mental health and substance abuse treatment providers, and the defendant’s family members, associates and employer.
What is the purpose of a pre-sentence report?
The presentence report gives you a chance to show the sentencing judge why a lesser sentence is merited in your case. Especially in felony and more serious misdemeanor cases, judges typically rely on presentence reports, prepared by probation officers, in making sentencing decisions.
What is a pre-sentence assessment?
Pre-sentence reports A pre-sentence report (PSR) is an expert assessment of the nature and causes of an offender’s behaviour, the risk they pose and to whom, as well as an independent recommendation of the sentencing option(s) available to the court.
Do judges follow pre-sentence reports?
Conclusions. The author of the pre-sentence report will recommend what they think is the appropriate sentence. However, the final decision is always with the Judge or Magistrates. They do not have to follow the recommendation of the report.
Do pre-sentence reports help?
A pre-sentence report will suggest the most appropriate sentence for the committed offence and make recommendations to the sentencing court. The court does not have to follow any recommendations made, but it is helpful to have this impartial report to work with.
Is a pre-sentence report a good thing?
Who is entitled to a copy of a pre-sentence report?
The people who see the report are: you, your solicitor, your barrister (if you have one), the prosecution, the judge or magistrates, the court clerk and probation officers. You will be allowed an opportunity to read through your report before the sentencing hearing.
Why does a judge ask for a pre-sentence report?
A presentence report is a document that can help a judge to determine the sentence that should be given when someone convicted of a crime. The report can also be used to determine the reasons for your sentence, and it helps decide where you should serve your sentence if a custodial sentence is given.
