Pre-Sanction Reports
Where the facts of your offence have been proven, and before deciding on how to deal with your case, the Judge may ask for a pre-sanction report. The information in this report will aid the Judge in coming to a decision. Among matters considered in sentencing are:
- Rehabilitation;
- Reduction of crime;
- Public safety;
- Punishment; and
- Restoring the damage done.
What is the pre-sanction report?
A probation officer will interview you, and perhaps your family, in the course of preparing the report. Initially you will be invited to attend our offices for interview and afterwards the probation officer will visit you at home. The officer may wish, with your permission, to talk with others who know you. This might include your teachers or your employer.
If you are remanded in custody, the probation officer will interview you in the prison or place of detention.
The officer will make an assessment of the risk you pose of re-offending by asking you a series of questions. The areas considered, include:
- The seriousness of the offence;
- Your attitude to the offence;
- Why you committed the offence;
- your feelings towards the victims involved; and
- Areas of your life in which you need support and assistance, such as drugs and homelessness.
The pre-sanction report will be completed in the time asked for by the Judge and presented when you next appear. The report is the property of the court. It will be given to your defence solicitor and may be given to the prosecution.
What will the Judge do then?
Once the court has considered the probation officer’s report, a decision will be made. Some sentencing options include:
- Dismissal under the Probation of Offenders Act;
- A probation order;
- Adjournment on probation supervision for a further progress report;
- Bound to the Peace;
- Fine;
- Sentence of detention or imprisonment; or
- Suspended sentence.
As sections of the Children Act, 2001 are commenced new options will be made available to Children Courts.
