Section 156 Criminal Justice Act 2003 states that the court is required to obtain a Pre-Sentence Report (PSR), or a Specific Sentence Report (SSR) before imposing a custodial or community sentence. The PSR can help to determine if a community order and its requirements is a suitable sentence for a particular offender.
The PSR should include:
- an analysis of the offence
- an assessment of the defendants risk to the community
- the likelihood of re-offending
- a proposal for sentencing.
PSRs might include information on the health of the offender, including information about pre-existing conditions. They do not specifically screen for or assess mental health conditions or learning disabilities or any other health condition. The information provided in a PSR can help you decide whether a medical report is needed.
There are different types of PSRs – oral, fast reports or reports adjourned for a more detailed assessment.
The Probation Instruction, Determining Pre-Sentence Reports (Ministry of Justice, 2011), sets out a framework for providing the most appropriate information to courts. This framework builds on best practice achieved between Probation Trusts and courts. Probation Trusts determine which is the most appropriate and efficient report format for aiding sentence decisions.
If you have received a fast or oral report and think a more detailed report is needed, you can adjourn so that a fuller report is prepared.
If you are concerned that the offender might have a mental health condition or learning disability, you can specifically request that the report writer explores this issue. For example, the report writer could discuss your concerns with the offender, liaise with local healthcare professionals and, where services exist, arrange for the offender to be seen by the local liaison and diversion service. The liaison and diversion service could be asked to prepare a report to inform, or be included with, the PSR.
A PSR should include how custody may affect the offender, especially if they are vulnerable. For example, the use of custody for people with mental health conditions can heighten vulnerability and increase the risk of self harm and suicide (Department of Health, 2009), while very few prisons are able to adequately accommodate people with learning disabilities (Talbot, 2008).
It is important that you have confidence in the PSR you receive. A good PSR can provide you with background information about the offender, the offence and risk factors which will enhable you to make a decision on an appropriate sentence. If you feel that the PSR you have been given is not of the standard required, relevant information has not been included or is inaccurate, you should request to speak to the National Probation Service (NPS) Court Officer in open court to ask that the issues within the PSR are put right. As you should have recieved the PSR in advance of the court hearing, you should be able to speak to the NPS Court Officer prior to the hearing. If the report has failed to answer a specific question, they may be able to rectify any issues by interviewing the defendant and providing a verbal update to the court avoiding the need for an adjournment. If the report is not fit for purpose, you can request an adjournment for the report to be reviewed or rewritten.
