Pre-sentence reports and correctional decision-making
- Kate Mitchell
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Pre-sentence reports can have consequences well beyond sentencing, especially for offenders serving custodial sentences. It’s important to be aware of the correctional law implications and address any issues with PSRs as early as possible.
What is a pre-sentence report?
Pre-sentence reports (PSRs) provide the sentencing judge with a biography of the offender, including his/her family situation, lifestyle, attitudes, etc. PSRs outline factors that may have contributed to the offending and that may contribute to future criminal behavior. They are just about the offender in the community—they have no business stating the facts of the case.
PSRs are ordered by the court and completed by a probation officer (or, occasionally, an outside expert). They are not always ordered, but they are often useful for young persons, first-time offenders, self-reps, and those facing serious prison time.
How do PSRs impact parole?
The primary purpose of a PSR is to help the court craft a fit sentence. However, if the offender receives a custodial sentence, then the PSR will also be accessible to correctional authorities. This means a PSR may factor into decisions about security classification, programming, penitentiary placement, etc.
Plus, information in the PSR may factor into decisions of the Parole Board of Canada, and this information may negatively impact an offender’s chances of parole. For example, the Board may be concerned if a PSR describes an offender not taking responsibility for his or her offences.
The contents of the PSR matter in the correctional system, so it’s important to look at the PSR before sentencing and challenge any comments that should not be in a PSR.
What kinds of comments are inappropriate in a PSR?
The following are generally off-limits in a PSR:
- The facts of the offence(s)
- Specifics about the offender’s criminal record
- Offences the offender has not been charged for
- The victims’ injuries and opinions
- Facts about the co-accused
- Impressions of the offender’s reputation and speculations about his/her character
- Opinions about what sentence the judge should give
What can be done about a PSR that contains inappropriate information?
If there is inappropriate information in a PSR, a judge may just disregard that information. If the judge disregards certain information in the PSR, counsel can ask the judge to redact that information. However, that may not be enough if the PSR may affect correctional and parole decisions down the road.
Alternatively, a new PSR can be requested, but it will be up to the judge to decide if a new one should be ordered.