NCJ Number
140666
Journal
Criminal Law Review Dated: (August 1992) Pages: 558-567
Date Published
1992
Length
10 pages
Annotation
Great Britain's Criminal Justice Act 1991 specifies five issues or decision points at which a presentence report is an essential prerequisite, but the implementation standards fail to provide the clear guidance needed to prepare these reports.
Abstract
These issues are whether the offenses are so serious that incarceration is required, what term of custody matches the seriousness of the crime, the need for a custodial sentence to protect the public from a violent or sexual offender, the need for a longer term for violent or sexual offenders, and the suitability of the offender for a community service sentence in cases in which the offense seriousness suggests the appropriateness of that sentence. Before 1991, law and practice gave report writers considerable latitude in addressing the issues they deemed appropriate. The 1991 law establishes principles and rules indicating that presentence reports should become more precise and focused. However, the latest Home Office guidelines on these reports omit crucial areas, such as offender consent to interviews. In addition, they do not clearly explain why certain information is relevant. The guidelines also fail to acknowledge the difficulty of incorporating social information and determining the seriousness of the offender's behavior based on intent and attitudes. As a result, presentence reports must accomplish several goals that are potentially neither entirely fair nor readily compatible. Footnotes