The presentence report gives you a chance to show the sentencing judge why a lesser sentence is merited in your case. ... Probation officers usually prepare these reports during a several-week interval between the conviction and the date set for sentencing.
What is the reason for a probation report?
Why are Probation Reports ordered by the Court? The Court generally requests a report before they decide on the sentence. The information in a report is about you, the offence you have committed and your circumstances . It will help the Court to understand why you offended and help them to decide how to sentence you.
Does probation mean you were convicted?
If you pled guilty and the judge accepted your plea and sentenced you to probation , that is a conviction. It will remain on your record until such time as yoiu have it expunged...
What is a pre sentence report from probation?
What is a pre-sentence report? A pre-sentence report is a document written by a probation officer following an interview with you . ... A pre-sentence report will suggest the most appropriate sentence for the committed offence and make recommendations to the sentencing court.
Do judges take notice of probation reports?
In practice, however, if you are sentenced in the magistrates’ court the bench will nearly always go along with the recommendation in the report. It is quite common, though, for judges in the crown court to take absolutely no notice of the pre-sentence report and to pass a completely different sentence instead.
What do you mean by probation?
Probation is a period of time during which a person who has committed a crime has to obey the law and be supervised by a probation officer , rather than being sent to prison.
What is the role of probation service?
The Probation Service is a statutory criminal justice service that supervises high-risk offenders released into the community . Probation Service works with the Her Majesty’s Prison and Probation Service.
What are the five types of probation?
The most common types of probation programs are supervised probation, unsupervised probation, community control, shock probation and crime-specific probation . Community control is more intensive than regular supervised probation, and offenders are usually required to wear ankle bracelets.
How long does probation stay on your record?
Depending on the type of conviction, it will remain on your record for one of three lengths of time: (1) until the end of your probation period; (2) for five years following the end of your probation period; or (3) for the rest of your life.
Does probation Leave a criminal record?
Will I Have a Criminal Record after Completing Probation? Under section 11 of the Probation of Offenders Act, probation is not considered a conviction . This means that the offence will not be on your criminal record, which will not affect your chances of employment or education.
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.
Do judges follow pre sentence reports?
The judge chooses from the range of sentences set by law. The judge may ask for a pre-sentence report before deciding on a sentence . A probation officer prepares this report. The information in it helps the judge decide a proper sentence.
What questions are asked in a pre-sentence report?
They will ask about your offence , but they will also want to know more about your childhood, employment history, relationships and use of substances. It’s entirely up to you how much you discuss with them, but generally the more information you can provide them with, the better.
What do judges take into consideration when sentencing?
In determining the sentence, the judge or magistrate must take into account a number of factors, such as: the facts of the offence . the circumstances of the offence . subjective factors about the offender .
How is the probation service funded?
Trusts are funded by HMPPS and employ all staff except the chief officer; they are accountable to their boards (comprising up to fifteen members appointed by the Secretary of State) for day-to-day operations and financial management, and to HMPPS via a Regional Offender Manager, with whom they have service level ...
What is a probation interview?
Much like a job interview, the probation interview is an assessment of you as a person . The probation officer is assessing whether you will be a “suitable candidate for probation.” Wear professional clothing, a suit or business casual, i.e., slacks and dress shirt, nice dress, pant suit (for the ladies).
