This is important because many have seen this as suggestive of sentencing disparities or inequality in the treatment of offenders with a lower socioeconomic status or little to few ties to the community, but As Alarid and Montemayorp. Since the advent of the sentencing guidelines, the importance of the presentence report has increased because the document is now designed to frame factual and legal issues for sentencing. Thereafter, if a defendant is incarcerated, the Bureau of Prisons or State Department of Corrections will use information in the report to designate the institution where the offender will serve the sentence and determine the offender's eligibility or need for specific correctional programs.
To assist the court in sentencing, the magistrate or judge orders a pre-sentence report to be prepared by youth justice.
The youth justice court advice service worker or allocated youth justice worker is responsible for obtaining the following: Youth justice will provide: Prior to interviewing young person The allocated worker should: First interview appointment Before obtaining information for the pre-sentence report, ensure the young person has received a copy ofYour personal information — information for young people receiving youth justice services.
Interviewing the young person and other relevant parties Information for the pre-sentence report may be gathered over a period of time, determined by the date by which the report must be filed with the court.
Information that is specifically required for the report may be requested from sources other than the young person themselves. Information gathered for a pre-sentence report is detailed and often sensitive in nature. Young people and their families may be resistant to providing information, especially if it is their first formal contact with youth justice.
Preparing the report When writing the pre-sentence report: Identify all sources of information. Define information as either factual, evidence based or professional opinion.
Obtain endorsement and signature from the team leader. Review contents of the report with the young person. Explain the recommendation to the young person and, if an order is likely, what the requirements of the order might be.
Distribution of the pre-sentence report At least three working days prior to the court return date: File the report with the court registrar. Provide a copy of the report to the young person.
Send a copy of the report to any other party the court has directed is to receive a copy of the report. Release of youth justice reports to police Copies of youth justice reports are not to be forwarded to police unless the young person has consented and signed a consent form for the release of that report.
If a young person has provided consent for the release of a report, the decision to release information contained in the document is at the discretion of line management.
If youth justice decides not to release a report, the police can seek a copy by warrant or subpoena. The above requirement also extends to police prosecutors.
Restricted access to the pre-sentence report If youth justice believes information in the report may be prejudicial to the physical or mental health of the young person, or the young person objects to the distribution of the report to others, the report may be restricted under s.
If the decision is made to restrict access to the report, youth justice must:Sample Pre-Sentence Investigation Report - Free download as PDF File .pdf), Text File .txt) or read online for free. The defendant is an only child. The defendant reports that he grew up in an abusive home where both parents were alcoholics.
He spent summers during his childhood with his grandparents in /5(6). The presentence report gives you a chance to show the sentencing judge why a lesser sentence is merited in your case.
Grow Your Legal Practice; Meet the Editors Your Presentence Report and How to Improve It These are written by private parties—often retired probation officers—engaged in the business of writing presentence reports.
Position. Independence of Report. Pre-sentence reports should be flexible in format, reflecting a difference in the background of different offenders and making the best use of available resources and probation department capabilities. A full report should normally contain the following items.
Your Pre Sentence Report will help the Judge to decide on the most suitable sentence for you. The person writing your Pre Sentence Report will explain all the different sentences to you. Therefore it is important for you to keep your appointments with the person writing your report.
The Ultimate Guide to Writing Investigation Reports Instructions for writing an investigation report that is clear, complete and compliant Posted by Dawn Lomer in on August 2nd, The PSR Pre Sentence Report includes background information about the accused, obtained through interviews with individuals close to the accused.
The purpose of a PSR Pre Sentence Report is to assist the court in coming to a sentencing decision by providing a more thorough look into .