What is a pre sentencing order?

A pre sentence report is a report that is provided to the Court that is sentencing an offender. A pre sentence report is prepared by the NSW Probation and Parole Service. The court would, in this instance, order a pre sentence report to assess the offender for suitability for supervision by Probation and Parole.

What does adjourned for pre sentence report mean?

A Pre-Sentence Report (PSR) is a report prepared by a probation officer [jump to probation] to help the judge decide what sentence to give. It is used to find out about an offender’s background. A case is usually adjourned to allow a probation officer time to prepare the PSR.

What is the purpose of a probation pre sentence report?

The presentence report gives you a chance to show the sentencing judge why a lesser sentence is merited in your case. Especially in felony and more serious misdemeanor cases, judges typically rely on presentence reports, prepared by probation officers, in making sentencing decisions.

What can I expect in a pre-sentence report?

A pre-sentence report is intended to give the sentencing court some understanding as to why you committed the offence, how you feel about it now, and what your background, family and work circumstances are. Using this information, the court will decide the most appropriate sentence to give you.

Does everyone get a pre-sentence report?

Legal basis. The parties have a duty to actively assist the court by early communication to establish the defendant’s likely plea at the first available opportunity. The court has a duty to obtain a pre-sentence report before considering community or custodial sentences unless it decides such a report is unnecessary.

Who can see a pre-sentence report?

Who Sees The Report? The people who see the report are: you, your solicitor, your barrister (if you have one), the prosecution, the judge or magistrates, the court clerk and probation officers. You will be allowed an opportunity to read through your report before the sentencing hearing.

What happens at pre-sentence?

A pre-sentence report is compiled by a probation officer prior to sentencing, and is meant to give the judge a fuller picture of the defendant. It is also meant to identify any major issues that the person may have, whether they are struggling with chemical dependency or mental health issues.

Why does a judge ask for a pre-sentence report?

The court asks for a Pre-Sentence Report when it wants to know and understand more about you, so it can decide what sentence would be most appropriate — given the crime you have committed. This will be after you have pleaded guilty or been convicted after a trial, and will delay the sentencing.

When should you ask for a pre-sentence report?

If you’ve pleaded guilty to a criminal offence, the judge or your defence lawyer may request a pre-sentence report. This is essentially an impartial report that gives the sentencing judge (or magistrates) an idea of your background and the most suitable punishment for the offence that you have committed.

When does a magistrate order a pre sentence report?

Prior to sentencing, the Magistrate may order a pre-sentence report. This is especially likely if the committed offence could result in imprisonment. So what is a pre-sentence report? In NSW, the pre-sentence report is the gathered facts pertaining to the context and situation of an offender.

Can a pre sentence report lead to a less severe sentence?

A pre-sentence report is one of the key mitigating factors that could lead to a less severe sentence. Keep reading to find out more. Children’s court sentencing: In 2013 the most commonly applied penalty was a bond (31.3%), followed by a probation order (18.9%).

Is the pre sentence report part of your defence?

The report is not part of your defence, nor is it part of a plea on your behalf — that is the work of your defence counsel. The Pre-Sentence Report is meant to be a fair comment about you as a person to help the court decide on a fair and effective sentence.

Where do I go for a pre sentence report?

Generally speaking, the Magistrate will require you to present to your nearest Community Corrections office within seven days. You can find the nearest Community Corrections office by clicking here.

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