Sentencing Reform and the Probation Service (From Sentencing Reform - Guidance or Guidelines?, P 163-182, 1987, Martin Wasik and Ken Pease, eds. - See NCJ-103986)

• NCJ Number: 103995
• Author(s): N Stone
• Date Published: 1987
• Length: 20 pages
• Sale Source: Marcel Dekker, Inc
• Language: English
• Country: United Kingdom

Annotation

This paper argues for a rational, principled sentencing structure in England and Wales as the basis for determining the form and content of probation officer's contribution to sentencing policy.

Abstract

Probation officers in England and Wales typically prepare presentence reports without specific court guidance on the information needed or the report's purpose. Home Office guidance for presentence reports has mandated the provision of offense information (e.g., harm caused, consequences for the defendant, and offender's attitude toward the offense), offender's previous convictions, issues of culpability, offender's moral capabilities, and offender's intent to make amends. The acquisition and preparation of this broad range of information goes beyond the vocational skills of most probation officers. Probation officers can best serve the sentencer within the arena of social work skills, e.g., by assessing the likely impact of various dispositions on the offender. The viability of particular noncustodial sentences could also be reviewed in the report. Probation officers' expertise is best suited to sentencing that could be labeled 'just welfare,' which involves a sentence that metes out justice within the context of an offender's need. Whatever role sentencing reform may specify for the presentence report, there should be greater opportunity for the offender to challenge facts and interpretations that bear upon sentencing outcome. 43 references.