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Is a probation report standard for a sentencing hearing?

13 replies

myoriginal3 · 04/05/2017 13:26

Just that really. Sentencing was adjourned as the probation officer hadn't prepared their report and the judge needed it.
Is it something that's always required or would it have been something additional asked for at the last minute?

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ThenBellaDidSomethingVeryKind · 04/05/2017 13:34

The judge will make a decision about whether a report is required after conviction: one can't be done in advance of that. An adjournment is usual - anything from a couple of hours to 2-3 weeks depending on info required (which in turn tends to be linked to offence seriousness).

myoriginal3 · 04/05/2017 13:46

He was convicted a month ago. Sentencing hearing was today. He was on the list yesterday, not on the list today. Turned out it had been adjourned.
Does the judge see the case details a day before and then request a probation report or would it have been that he/she noticed it was missing and adjourned on that basis?

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myoriginal3 · 04/05/2017 13:47

Thanks for your reply by the way!

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LauraMipsum · 04/05/2017 20:10

The judge considers what the likely outcome is going to be and orders a probation report if needed.

If it's in the magistrates court and it can be disposed of with a fine then no need for a report. If it's likely to be in the community order - custody range, and there hasn't been a previous report in the last 12 months (I think) then they'd usually ask for a report. Particularly for community orders Probation need to confirm the person is suitable for unpaid work or able to engage with them for supervision.

myoriginal3 · 05/05/2017 13:27

Ok, thanks. Seems like it's standard procedure. Not sure why it wasn't provided by probation officer.

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ImperialBlether · 05/05/2017 13:30

When I worked for probation, if a conviction might lead to a custodial sentence, then probation would write a report on the person's past history and would recommend prison or probation. That would be done well before the person appeared in court.

myoriginal3 · 05/05/2017 18:19

It sounds like it is just a probation officer not doing their job then as this will definitely lead to a custodial sentence (rape of a 15 year old).

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ImperialBlether · 05/05/2017 19:04

Sentencing often takes place on a different date in serious cases.

Is this someone you know, OP?

myoriginal3 · 05/05/2017 20:21

It's the cunt who raped me. But it's a different case - not me. I didn't go through the process of the statement.
I went through hell for months and managed to get myself together enough to get to court. It had been adjourned.

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myoriginal3 · 05/05/2017 20:23

As I said though, he was found guilty a month ago, this date was set for his sentencing.

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kittybiscuits · 05/05/2017 20:36

Fingers crossed for justice.

EElisavetaOfBelsornia · 05/05/2017 20:39

Really sorry OP Flowers. The justice system has its own ways of working and things take a long time quite often. Hoping that you and the other victim/s get justice.

myoriginal3 · 05/05/2017 20:43

Thanks. I'll be fine I'm sure.

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