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National Objectives for Social Work Services in the Criminal Justice System: Standards - Social Enquiry Reports and associated Court Services
CHAPTER 5: WRITING THE REPORT
General Points
5.1The court is looking for relevant, reliable and impartial information and advice on all feasible sentencing options. A format for a front sheet to be used by all authorities is provided at Appendix II. The front sheet must tell the court who was interviewed while the report was being prepared, what other sources of information were used, whether information critical to sentencing was checked, whether there are any significant information gaps and whether there are any outstanding court orders or other matters affecting disposal. Reports must be clear and concise. It should be possible to distinguish facts, reported facts and opinions. Conclusions and any views expressed about possible sentencing options must flow from the body of the report. Phrases which imply moral judgements or which label or stereotype offenders must be avoided.
Ensuring Relevance
5.2With regard to offending behaviour, the focus must be on exploring the offender's attitude to his or her offending including the extent of his or her concern for any victim. Taking account of what the offender says, any available information about the current offence and previous offending, the offender's attitudes and behaviours, and his or her social relationships and circumstances, the aim is to reach an initial view about the risk of re-offending and in more serious cases the risk of possible harm to others. This task will be assisted by the use of available instruments or frameworks for assessing risk.
5.3With regard to personal and social circumstances, paras 2.9 to 2.21 set out the key areas for investigation. In reporting on them, the task is to include information which is as relevant as possible. A report must include sufficient background information about the offender to provide the reader with a context. This will normally include brief biographical details and the subject's current living arrangements. Additionally reports must always refer to the offender's financial circumstances, (providing wherever possible, details of income and inescapable expenditure), physical and mental health and use of alcohol and other drugs. In doing so, report writers must, wherever possible, offer an assessment of what the offender says, drawing on the interview(s) and any other available information. Beyond this, items of information will be helpful to the extent that the reports can show their relevance.
Ensuring Reliability
5.4A report will be given more weight by the court if the status of the information which it contains is clear and the report shows that critical information has been checked. There are limits to what information can be checked in the time available so it will be most important to check information which may have a direct bearing on disposal. Depending on the circumstances of the case, this could be health factors, disposable income, available community based resources, the attitude of a spouse etc.
Ensuring Impartiality
5.5The objective in writing reports is to provide the court as far as possible with impartial information and advice. This means avoiding any form of special pleading on behalf of the offender and making sure that the seriousness of the offence and its impact are not in any way minimised or explained away. This is greatly assisted where full information about the offence from a source other than the offender is available.
Reaching Conclusions and Reviewing Possible Sentencing Options
5.6Towards the end of the report, the report writer must draw together the analysis of the subject's offending and the review of his or her personal and social circumstances to reach a view about the extent of the risk of re-offending and, in more serious cases, the possible risk of harm to others. This must be used in the concluding paragraphs to inform a review of specific sentencing options. The court is looking for comments on the feasibility and possible impact of specific disposals, particularly those involving social work services. The matter of selection of sentence is one for the court in the light of all the circumstances of the case. Whilst reports must not include a recommendation as such, report writers may indicate, on the basis of their review and assessment, which non-custodial option is in their opinion most likely to prevent or reduce future offending in the event of the court deciding it not necessary to impose a custodial sentence. The feasibility of a disposal may depend critically on what it involves. This means spelling out as clearly as possible any suggested plan for supervision if the court was to make a Probation Order and, for a Community Service Order, making clear that the offender has been assessed as suitable and that a place is available. The court will also want to know if the report writer considers there may be a risk of self harm if the offender is sentenced to custody. If the offender has been assessed as someone who could pose a risk of serious harm to others, the court will appreciate advice on the desirability of a Supervised Release Order or Extended Sentence in the event of custody.
5.7Appendix III describes the range of available community based disposals and offers some guidance on what factors to take into account when commenting on their suitability in a particular case.
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