NCJ Number
161185
Date Published
1996
Length
23 pages
Annotation
Pre-sentence reports in England and Wales are discussed with respect to their history, changes in the thinking about them, and current views about good practice in their preparation and presentation.
Abstract
Changes in thinking about these reports and in the practice of writing them have reflected changes in government policy; in understanding of the nature of crime and criminality; and in how offenders should best be punished, controlled, treated, or helped. By the end of the 1980's, a broad consensus existed regarding the purposes and contents of these reports. They were to be targeted at relatively serious or persistent offenders; they were not to be prepared when the defendant was pleading not guilty; they should be offense-focused, helping the court understand the current offense in the context of any offending history. In addition, information that could not be demonstrated to be relevant should not be there, and argument and explanation should accompany proposals for one sentence over others. The Criminal Justice Act 1991 provides for more extensive use of pre-sentence reports. However, the recent amendments to the law have made sentencing more punitive and oriented to incarceration rather than community-based sentences. Thus, preparing an effective report is not enough; social workers must also be skilled and professional negotiators within the criminal justice system regarding the advantage of community sentences and their distinctive and important role in the criminal justice process. 59 references