Pre-sentence Reports
The question
To ask the Secretary of State for Justice, if she will bring forward legislative proposals to ensure the provision of pre-sentencing reports for all offenders.
Answered by Sir Nicholas Dakin
Where a court is considering whether an offender should receive a sentence of immediate custody, a pre-sentencing report must be obtained and considered before forming an opinion unless, in the circumstances of the case, it considers that it is unnecessary to obtain a pre-sentence report. Pre-sentencing reports. These reports see the Probation Service play an essential role in court by providing an expert assessment of the nature and causes of the offender's behaviour and the risk the offender poses.
The Lord Chancellor has been clear that the recent guidelines published by the Sentencing Council regarding pre-sentencing reports, do not represent the views of this Government. The Lord Chancellor and the Chairman of the Sentencing Council have had a constructive discussion. It was agreed that the Lord Chancellor will set out her position more fully in writing, which the Sentencing Council will then consider before the guideline is due to come into effect.
The Lord Chancellor has already stated that she will be reviewing the role and powers of the Sentencing Council, as well as what role Government should have on issues such as this, and will not hesitate to legislate if necessary.
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