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National Objectives for Social Work Services in the Criminal Justice System: Standards - Social Enquiry Reports and associated Court Services
CHAPTER 7: RELATED INFORMATION AND ADVICE SERVICES FOR THE COURT
7.1There are a number of other ways in which social work authority staff provide information and advice for the court which assists sentencing. These include:
7.1.1oral reports
7.1.2stand down reports
7.1.3reports following an accelerated plea
7.1.4pre-trail reports
7.1.5supplementary reports
7.1.6other reports to the court
Oral Reports
7.2Social workers may make an oral report at short notice on a case known to them where this would be helpful to the court. The purposes of these reports are to:
7.2.1provide information which may make it possible for the court to continue a case on bail rather than to remand in custody;
7.2.2provide information on specific matters which may make it possible for the court to deal with a case without requesting a social enquiry report;
7.2.3provide additional information which has become available since a social enquiry report or related report was submitted.
7.2.4following an initial assessment, to suggest that a social enquiry report, medical, or other report might be helpful;
7.3Oral reports are not sufficient where the offender is facing a possible custodial sentence.
7.4Where a social worker wishes to attend the court to provide an oral report he or she must notify the clerk of court giving the name of the case. Wherever possible this should be done before proceedings begin either by the social worker directly concerned or by the court based social worker.
Stand Down Reports
7.5The court may sometimes ask for an immediate oral or written report from a court social worker during the course of court proceedings and adjourn the case until later in the day for this to be done. These reports are usually related to the need for specific information and advice to assist decision making. The information may be relevant to decisions regarding bail or custody, the need for a full report, the need to continue the case to a future date and final disposal.
7.6Social workers undertaking stand down reports should:
7.6.1respond to the court's request for any specific information;
7.6.2make clear if they think a full report would be desirable;
7.6.3assist, where appropriate, by carrying out investigations and making arrangements which may enable the accused/offender to be released on bail.
7.7The social worker concerned must be in court to provide either an oral or written report and to answer any questions. A record of the report must be kept when it results in social work action.
7.8Social workers should always suggest that the case is continued for a full report where there may be a risk of custody.
Reports Following an Accelerated Plea
7.9Where persons charged on indictment under solemn procedure indicate that they will enter a plea of guilty prior to the case coming to trial, the court may request a report for the accelerated court hearing where the guilty plea will be formally entered (Criminal Procedure (Scotland) Act 1995 (s 76)). These reports should be regarded as normal social enquiry reports and dealt with in the same way as requests for other reports, applying the same standards and procedures.
Pre-trial Reports
7.10In cases where persons scheduled to appear at the High Court, the court may request a pre-trial report to be prepared for the date of the trial. The preparation and writing of these reports therefore precedes any finding of guilt.
7.11Pre-trial reports should not be provided for any:
7.11.1District or Stipendiary Magistrates Court in Scotland;
7.11.2Sheriff Court in Scotland;
7.11.3Courts outside Scotland.
7.12The following procedures apply to all requests for pre-trial social enquiry reports made by the High Court:
7.12.1no pre-trial report involving a not guilty plea will be provided unless the accused consents. Where the accused does not consent, the social worker should write a letter to the Clerk of Justiciary indicating that consent has been refused;
7.12.2where the accused is willing for a pre-trial report to be provided, the report writer should prepare a report, using these standards as a guideline. Where the accused has entered a plea of not guilty it will not be possible to deal with the alleged offence or to comment on possible community sentencing options intended to address the subject's offending.
7.12.3when a pre-trial report is requested and the alleged offender is already on supervision, the local authority concerned should write to the Clerk of Justiciary explaining the position and no report should be prepared until after the case has been heard. (This procedure follows a decision of the High Court in respect of the implementation of section 203 of The Criminal Procedure (Scotland) Act 1995).
7.12.4Section 86 of the Crime and Disorder Act 1998 provides courts with the power to impose additional post release supervision on sex offenders or violent offenders in indictment cases through the introduction of extended sentences. Before imposing an Extended Sentence, the court must obtain a social enquiry report. Given that the imposition of an Extended Sentence is likely to be based on an assessment of the risk of re-offending and the possibility of serious harm resulting from it, it is unlikely that a pre-trial report which has not addressed the subject's offending will meet the court's requirements. Court-based social work staff should therefore be alert to the possibility that an additional post-conviction report will be required.
Supplementary Reports
7.13Supplementary reports are most frequently requested in connection with a decision to defer sentence. They may be used:
7.13.1to obtain additional information and advice with regard to disposal;
7.13.2to find out how the offender has behaved during the period of deferment including his or her compliance with any conditions;
7.14The social worker preparing the supplementary report should address the matters which concerned the court when sentence was deferred. The report must also indicate, if the information is available, whether the offender has been found guilty of any offences during the period of deferment and/or whether there are any outstanding charges. The accuracy of this information must be checked with the police, Scottish Criminal Records Office, and the procurator fiscal as appropriate.
7.15Supplementary reports should:
7.15.1begin with an opening paragraph indicating that the report supplements an earlier report;
7.15.2provide an update on events and changes which have occurred, including any subsequent offences and the outcome of any further court appearances, to assist the court to determine the most appropriate disposal;
7.15.3respond to any specific requests for information made by the court;
7.15.4review feasible sentencing options which may be open to the court.
Other Social Work Reports
7.16Section 203 of the Criminal Procedure (Scotland) Act 1995 requires all courts except District Courts to obtain a report before sentence in respect of any convicted offender under supervision by order of a court. The report must cover "the circumstances of the offence and the character of the offender, including his behaviour while under supervision or, as the case may be subject to the order so specified in relation to him". This requirement has proved difficult to implement because the court may not always be aware at the point of sentence that the offender is under supervision.
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