What happens in a pre sentence investigation?
During the presentence investigation, a probation officer will interview other persons who can provide pertinent information, including the prosecutor, law enforcement agents, victims, mental health and substance abuse treatment providers, and the defendant’s family members, associates and employer.
What happens at pre sentencing?
In NSW, the pre-sentence report is the gathered facts pertaining to the context and situation of an offender. Its contents include information about an offender’s family situation, education and background, medical and psychological history, and assessed risk to the community.
What information is collected during the pre sentence investigation PSI?
In general, the PSI report needs to include details on the offense in question, as well as information on the defendant’s criminal history. The PSI should also describe the defendant’s family history, education, employment record, any military service, finances, and health.
Do judges listen to pre sentence reports?
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.
Is a pre sentence report a good thing?
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.
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.
Who is entitled to a copy of a pre sentence 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.
Does a good pre-sentence report help?
A pre-sentence report helps the court look at the bigger picture. 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.
