A pre sentence report helps give the judge an idea or picture of you as an individual. The report talks about your understanding & impact of your offending behaviour, it highlights the causes of your offence and, the risk you still pose to the victim or public. In other words, the report also assists the judge in determining the most suitable option of dealing with the offender.

The report is written by a probation officer (if you’re an adult), and the interview is normally  conducted on a face-to-face or over the phone in exceptional circumstances. You will be asked numerous questions during a pre sentence report interview regarding your personal background & your offending behaviour. The interview may take up to two hours depending on the seriousness or nature of the offence committed. 

Sometimes a “stand down” report may be requested, which means the court wants to sentence you straight after your guilty plea or after you’ve been found guilty or on the next occasion you appear in court. As such, the judge will ask probation staff to interview you on the day you’re in court & provide the court with suitable sentence recommendations. 

Stand down reports” are often used in less complex cases. The difference between a stand down and pre sentence report is that a stand down report is an oral delivery report (no time to write report given the interview has taken place on the same day of your sentence).  However, a pre sentence report is a written full version report where the interview takes place on a different day before your sentence date. Nonetheless, they both provide the court with relevant information needed for sentencing but, the pre sentence report is more detailed written information.

In some cases pre sentence reports do help & judges to some extent (although not always) do rely on them when sentencing. The court may adjourn the sentence hearing between three to eight weeks for the probation service to prepare the report.  The report will help the judge to decide the most suitable sentence for you and, the interview provides you the opportunity to show the judge that you deserve mercy or leniency. So, in the words of Rupal, “don’t f**k it up”, you only have one opportunity to present a better version of yourself.

At the Magistrate Court it’s most certainly the magistrates will follow the probation report recommendation but, at the Crown Court you have more work to do as judges do not necessary have to follow the report recommendation. However, the judge can be persuaded by the content of the report & your barristers’ representation of you, hence I stress representing yourself positively in the PSR interview. You can always take it a step further by writing a letter to the judge (see more information about character reference letters below).

If custody is inevitable, the report may help the court in determining the total length of your sentence. As such, reports can be an important part of sentencing and, what is said about you in the report will weigh towards your final sentence (hence the best representation of yourself is vital).

Presentencing reports are required when the judge wants to know more about you as an individual & wants know if probation can recommend an alternative to a prison sentence (again I stress good self representation is important during the PSR interview). The report is required before the court sentence date, and, not everyone gets to have one.  So, it’s a good thing that one has been requested for you because this gives you the chance to prove to the judge that you’re worth being given an opportunity to stay in the community. So, with this in mind, you better be well prepared for the tough interview  questions. 

The completed report will be available on the court digital system for the judge, the prosecution, your solicitor and barrister to view. Your’e entitled to se the report too & you’ll be given an opportunity by your barrister (if at the crown court) or solicitor (if at the magistrate court) to go through the report and discuss it before sentence.

Expect to be challenged during the pre sentence report interview, you will be asked numerous questions regrading your offending behavior i.e. why you committed the offence, how you feel about it and, details of your personal background. PSR interviews can be intense depending on the offence committed, and it’s possible to contradict yourself. However, it’s important to stay calm, remember the probation officer will be assessing what you’re saying and how you say it. So, it’s important to articulate yourself well. Be aware that experienced probation officers are trained to assess your behaviour, analyse your thinking & attitude and, are great at seeing through your lies.

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My advise to you is to ensure you’re fully prepared for the interview. Have your documents ready i.e medical reports (where necessary), evidence of work or education, if you have character reference letters take them to the interview, look smart (no need for a suit, just look presentable), please don’t take drugs or drink alcohol prior to the interview, this may do you more harm than good, be on time & if you genuinely can’t make it to the appointment, call the probation office & let them know, be respectful to the officer during the interview (after all you’re being assessed), and lastly, show remorse.

Most individuals hear this & think showing remorse is just saying “sorry”. That doesn’t cut it & the probation officer won’t buy your remorse. **Tip… Own your wrong doing & let your remorse come from & be felt from the heart.

Obtaining a positive probation report does not mean acting innocent & naive, or cracking jokes to flatter the officer in hope of being seen in a good light, or giving the officer an aggressive attitude to try and intimidate them thinking it will earn you respect. I can assure you that this will only do you a disservice and help you towards getting a negative report. 

To find out what challenging questions you should expect during your PSR interview, book a  consultation with us to help you prepare better. 

Writing a court character reference letter to the sentencing judge is a good way of expressing yourself & illustrating your character to the judge. A good quality & well written letter can have a powerful impact and, pleads directly to the judge. Such a letter can help persuade the judge that despite your criminal conviction, you’re a valued member of the community & you deserve leniency in sentencing.

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You can ask anyone who knows you and who’s willing to vouch for you i.e a family member, an employer, a colleague, a community leader etc. to write a character reference letter for you. However, ensure the individuals you are choosing are outstanding members of the community.

If don’t have anyone to vouch for you then have a letter that comes from you to the judge, this is equally as important. However, it is vital to bear in mind the content & tone of that letter. If you need help writing a great quality reference letter to the judge, our service can help with this. See services available.

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Whilst there is no rule to how many reference letters you should have, my advise to you is to have one to three well written & good quality letters (remember quality over quantity). You may have one great letter & speaks volume over some’s else’s five letters. ** Tip, if anyone you know is writing a reference letter for you, ensure they are not over praising you, it appears false.