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8.2.13 Pre Sentence Reports

Contents

  1. Introduction
  2. Format of Pre-sentence Reports
  3. Good Practice in Preparing Pre-sentence Reports

    Appendix A


1. Introduction

1.1

This document should be read in conjunction with the following;

National Standards for Youth Justice – Youth Justice Board (April 2000) is available on the Nacro website

Pre-sentence Reports for young people – A good practice guide – NACRO (2000) is available on the Nacro website


2. Format of Pre-sentence Reports

2.1

Front Sheet

The Youth Offending Team has a standard front sheet for pre-sentence reports detailing basic information (see Appendix A).
2.2

Introduction
2.2.1 The introduction should begin with a brief account of the preceding stages of the case, the young person’s plea and remand status. If a young person is known to have complied with their bail conditions, or conditions attached to a remand into local authority accommodation, this should be noted.  Where an order specific report was originally requested and, as a result of their enquiries the author felt it appropriate to prepare a full pre-sentence report this should be stated.
2.3

Summary of Sources
2.3.1

This section should summarise the sources used in preparing the report including:

  • number of times young person has been interviewed
  • other persons who have provided information in connection with the preparation of the report, for example social worker, education social worker, attendance centre, solicitor etc.
  • procedures followed in verifying certain types of information
  • whether or not the author has seen the advance disclosure information and depositions
  • whether the report has been shared with the subject and his/her parents
  • any significant information which was not available to the author.
2.4

Offence Analysis
2.4.1 This section should contain an analysis of the current offence(s) and its circumstances, highlighting key features that are likely to be related to the court’s judgement about its nature and seriousness. The analysis should also inform the author’s assessment of risk, which will be addressed specifically at a later section of the report.   Any information about aggravating or mitigating features of the offence should be included, although these words must not be used.
2.4.2 Analysing the offence means presenting the report writers analysis, following a consideration of all the versions of the offence.  The analysis should reflect an integrated approach looking at both the offence and young person’s motivation with the aim of helping the sentencer understand why he/she committed this particular offence at this time.
2.4.3

This section should include:

  • An assessment of the young person’s culpability and the degree of premeditation;
  • An assessment of the context in which the offence(s) occurred;
  • The offender’s motivation;
  • The young person’s attitude to the victim and the offence and awareness of its consequences, including any evidence of acceptance or minimisation of responsibility, any expressed remorse or guilt, and any expressed desire to make reparation/compensation; and
  • An assessment of the implications of any special circumstances (e.g. family crisis, alcohol, drugs, physical or mental health problems) which are directly relevant to the offending, drawing attention to any ways in which they may be relevant to the court’s judgement of its seriousness.
2.4.4 This section should not include details of previous offending unless the author considers that the circumstances of previous offences shed light on aggravating features of the current offence.  Thus where a young person is being sentenced for burglary, previous convictions for burglary do not aggravate seriousness per se but may be held to do so where, for example, they share common features e.g. distraction burglary on old people.
2.4.5 The report should note the actual harm/damage/cost of the offending and the impact on the victim.  Wherever possible this should be through personal contact with the victim by the YOT police representative.  If the victim is willing to participate in a mediation and /or reparation process this should also be noted.  Where the victim cannot be contacted personally the author can use information from the victim statements or approach the CPS for further clarification. 
2.5

Relevant Information about young person
2.5.1 The basic principle is that only relevant information pertaining to the commission of the offence and the suitability of relevant sentencing options should be included.
2.5.2 Where the young person has no previous convictions this should be stated.   Otherwise evaluate patterns of offending to date in the light of personal and social factors which have contributed to them.  A simple list of antecedents is not appropriate.  The period of time since the most recent conviction could be relevant. Where the young person has outstanding matters in the system, of a similar nature, it may be appropriate to refer to them if the information will inform an assessment of risk of further offending and risk of serious harm.
2.5.3 Include an assessment of earlier disposals, including reference to successful completion of final warning programmes or court orders.  Where they were not completed assess whether there were any partial successes on which future sentences could build e.g. reduced seriousness of offending.  Identify the reasons behind any failure of a previous community order i.e. through breach or re-offending.
2.5.4 Include personal or social information about the young which is relevant to past offending, to the likelihood or otherwise of re-offending or to a proposed community sentence, for example home/domestic situation, family and peer group relationships, medical or mental health considerations, alcohol or drug abuse problems, racism etc.
2.5.5 Where the young person is of school age, obtain information from the school, pupil referral unit and/or local education authority concerning attendance, behaviour or performance, via the YOT education worker.  Contacting the school can be a sensitive matter for some young people and their parents who may fear a negative reaction from the school in terms of temporary or permanent exclusion.  The education worker needs to be made aware of these concerns before she makes her enquiries as they may influence how she obtains the required information.
2.5.6 For school leavers a summary of the education history may be appropriate if it will inform the court as to why a young person has not secured subsequent training or employment.
2.5.7 Refer to any care plan prepared for the child or young person under the Children Act 1989 and any social work involvement currently taking place.  Include any information relevant to the court’s decisions as to whether to bind over the parent(s) or impose a parenting order.
2.5.8 Information about positive aspects of the young person’s life or attitudes will often be relevant an overall assessment of the likelihood of re-offending and thus may be included in this section.  Mitigating factors unrelated to the offence which the court may see as justifying a reduction in sentencing may also be relevant.
2.6

Risk of Re-Offending
2.6.1 This section should make some assessment of the risk posed to the public by the young person at the time of the preparation of the report. This assessment derives from the offence analysis and personal information sections of the report. A statement of risk should be made in all cases, not just for violent/sexual offences.
2.6.2

The risk estimate has two dimensions:

  • the nature and seriousness of possible further offences and
  • the likelihood of them occurring. 

This section should distinguish between the two in so far as possible, having regard to:

  • Possible patterns of offending behaviour.
  • The young person’s capacity or motivation to change.
  • The availability of programmes or activities which could reduce the risk or impact of further offending.
2.7

The Conclusion
2.7.1 The conclusion section should flow logically from the rest of the report, summarising the key points particularly those directly relevant to the subsequent proposal.  It should acknowledge comments made previously by the court regarding its view of seriousness.
2.7.2 Where custody is the likely sentence, the report should acknowledge this but, using information acquired, promote as short a sentence as possible given all the circumstances.  The report may refer to any possible adverse effects of custody for the young person but these should be specific to the young person rather than generalisations.
2.7.3 Where a clear alternative to a custodial sentence has been identified as appropriate and suitable by the author; precise details should be provided.
2.7.4 Where a community penalty is indicated the report should explore the suitability or otherwise of each option.  It should then clearly identify the propose the most suitable one.
2.7.5 There should be a description of the purposes of the proposed sentence, the methods use, frequency and venue of contact and the likely effect on dependants.  The report should describe the likely impact on offending and the steps to be taken should the offender fail to comply.
2.7.6 When probation, supervision or a combination order is proposed a plan of work, agreed with the young person, should be presented.  From this plan it should be clear (i) the degree of restriction of liberty involved and (ii) how the disposal would help tackle the behaviour which led to the offence.
2.7.7 With an action plan order proposal, the elements of the order should be described as well as the weekly time commitment.  Similarly for reparation order proposals the number of hours and the nature of work also needs to be stated.
2.7.8 The young person’s attitude to the disposal should also be noted.
2.7.9 The conclusion should address the issue of whether or not a parental bind over or parenting order is appropriate (see Parenting Contracts and Parenting Orders).


3. Good Practice in Preparing Pre-sentence Reports

3.1 The young person and parent/carer should be offered at least two opportunities for an appointment to prepare the report. 
3.2 When preparing a PSR, the author will carry out a home visit wherever practical – health and safety permitting.  Wherever possible this visit will involve contact with both the young person and his/her parents/carers.
3.3 The contents of the report will be shared with the young person and his/her parents/carers before the court appearance.  This is an opportunity for factual information to be checked but also for all parties to be aware of the proposal.
3.4 Report writers should attend the court hearing wherever possible, particularly with the more complex reports and where the author’s presence might influence the sentencing outcome. Where this is not possible the Youth Court Officer should be fully briefed before court.
3.5 PSR’s will refer to the young person as such and NOT as an “offender”.  The main text of the report will refer to the young person by his/her first name, NOT last name.
3.6 Where the young person or carers speak a different language from the author an accredited interpreter should be used rather than family or friends.
3.7 Verification of information obtained must be attempted wherever possible.
3.8 When a young person is already known to Social Services department their social worker should be consulted and be provided with a copy of the document.
3.9 Custody may be acknowledged as the likely outcome but not proposed.
3.10 As pre-sentence reports must now be disclosed to the Crown Prosecution Service young people and their carers should be advised of this at the start of any interview.


Appendix A

Click here for Appendix A - Hillingdon Youth Offending Team report

End