What is a Pre-sentencing Report?
A Pre-sentencing report falls under the domain of forensic psychology.
See FAQs about Pre-Sentencing Psychological Reports
A pre-sentencing psychological report is an independent assessment prepared to assist the court in understanding an individual’s background and circumstances, criminal history, their psychological functioning prior to and at the time of the offending, as well as their mental health relevant to sentencing considerations. It assists a judge\magistrate in determining an appropriate sentence for the individual.
It reports on any mitigating factors (if present) that the court may need to be made aware of in determining the individual’s sentencing as well as commenting on the individual’s level of risk (within reason) to re-offend.
It also outlines recommendations for the individual’s rehabilitation.
What Information is Contained in a Pre-sentencing Report?
Pre-sentencing reports are usually fully comprehensive reports containing, but not limited to:
- Your full background information,
- Your full mental health background which usually includes any psychological, social, occupational and/or psychiatric interventions and treatments, as well as any contact that you may have had with mental health care agencies,
- Your full criminal history including any previous charges laid and/or domestic violence orders,
- Details of any static and/or dynamic risk factors,
- A fully comprehensive risk analysis as per certain questionnaires,
- Personality and pathology assessments,
- Collaterol information in the form of affidavits, court documents, previous assessments as well as information obtained from significant others, colleagues, employers etc.
- The report will provide recommendations to the court along with your protective, perpetuating and predisposing factors.
Dr Pauline Baleta is a Clinical Psychologist with Forensic experience
She has worked in correctional settings and in the forensic unit of a psychiatric hospital in South Africa for just under 3 years, until leaving the government sector to pursue a private practice. In private practice she was contracted to the Department of Justice performing pre-sentencing reports as well as fitness and responsibility reports. She also performed these services for the private sector. Since immigrating to Australia, she has continued this work and her extensive experience in high-risk environments is ideally suited to this area.
How Many Sessions Are Required For Pre-sentencing Reports?
Pre-sentencing reports usually involve two to three individual sessions:
- the administration of the assessments
- the collection of the collateral information
- as well as the time taken to read any additional information collected and compile the report
FAQs about Pre-Sentencing Psychological Reports
What does pre-sentencing mean?
Pre-sentencing refers to the period after a person has been found guilty or has entered a plea, but before the court determines an appropriate sentence.
When should a solicitor consider obtaining a pre-sentencing psychological report?
A report may be beneficial where mental health issues, trauma history, substance use concerns, cognitive difficulties or rehabilitation prospects may be relevant to sentencing considerations.
Who can make a referral?
Referrals may be received from solicitors, barristers, legal representatives or individuals seeking a pre-sentencing psychological assessment.
NB. Please note that a letter of instruction | engagement from the representing solicitor will be required.
What information should legal representatives provide?
Relevant material may include court documents, police facts, criminal history, medical records, previous psychological reports and any specific questions the legal team would like addressed.
How is the assessment conducted?
Assessments generally involve a clinical interview, review of relevant documentation, collateral information and, where appropriate, evidence-based, reliable and valid psychological testing (psychometric assessments) to assist in forming professional opinions.
The assessment is conducted by a suitably qualified professional whom is usually a 1) qualified forensic psychologist 2) psychologist with relevant forensic experience or 3) forensic psychiatrist.
Can a report be prepared within urgent court timeframes?
Where possible, urgent matters may be accommodated. Early contact is recommended to discuss availability and court deadlines.
Please enquire for turnaround times as these vary.
What issues can be addressed within a pre-sentencing report?
Reports may address mental health conditions and psychiatric diagnosis, early childhood and developmental history, trauma history, emotional functioning, substance use, educational and employment history, treatment needs, risk factors and rehabilitation potential where clinically relevant.
Pre-sentencing reports usually also include facts\issues relevant to the offending behavior and context.
Can the report address the impact of trauma on offending behaviour?
Where appropriate, the assessment may explore whether past trauma or adverse life experiences have contributed to psychological difficulties associated with the offending behaviour.
Will the report include treatment or rehabilitation recommendations?
Yes. Where clinically appropriate, recommendations may be made regarding treatment, counselling, rehabilitation programs or other interventions that may support positive behavioural change. The report may also include the potential impact that a custodial sentence may have on the indivual.
Can the report comment on risk factors associated with future offending?
Where relevant, the assessment may consider psychological risk and protective factors that could influence future offending behaviour, based on available information and clinical findings. Evidence based psychometric assessments also form part of the report assessment.
Will court attendance be available if required?
Court attendance may be available where required. This can be discussed during the referral process and arranged where appropriate.
NB. This will also incur an additional cost, please check with the report writer.
Are assessments available for adults and young people?
Assessments may be available for both adults and young people depending on the circumstances and nature of the referral.
Dr Baleta does provide pre-sentencing reports for adolescents (14 years and above).
How are fees determined?
Fees vary depending on the complexity of the matter, the volume of documentation requiring review and any reporting or court attendance requirements. Fee information can be provided following an initial discussion.
Feel free to contact Dr Baleta for further information of the costs involved.
Dr Baleta provides pre-sentencing reports as requested by your attorney or court of law. If you are requiring a pre-sentencing report, kindly email Dr Baleta your referral or court order and she will assist you in scheduling an appointment.
