Before Plea Protocol for a Pre-Sentence Report
Before Plea Protocol for a Pre-Sentence Report and request form.
Applies to England and Wales
Documents
Details
Where an adult defendant will be pleading guilty and their case is likely to be sentenced in the magistrates’ court, their legal representative can ask the Probation Service to prepare a pre-sentence report before the first hearing.
Defendants are encouraged to speak to a legal representative if they do not have one. A legal representative can give a defendant free independent legal advice, may be able to apply for legal aid on their behalf and can consider obtaining a Pre-Sentence Report Before Plea.
A Pre-Sentence Report Before Plea can save time and ensure that the defendant does not have to either wait at court for a report to be completed and/or have to return to court another day to allow for a report to be prepared. If the Probation Service decide to produce the report, the court will decide whether to use it to sentence the defendant.
The defendant’s legal representative will only ask the Probation Service to prepare a Pre- Sentence Report Before Plea if the defendant will:
- plead guilty to all offences charged on the full prosecution facts, and
- agree to co-operate with the Probation Service to prepare a report.
The legal representative must also be satisfied that:
- The defendant is likely to be sentenced in the magistrates’ court.
- The offence(s) is serious enough for a community order and a pre-sentence report is likely to be necessary.
- The defendant understands:
- that a PSR Before Plea provides no indication of any sentence and that all sentencing options remain open to the court;
- the court will decide whether to consider the PSR before Plea, if the Probation Service produce one, and
- the court may proceed to sentence without a pre-sentence report if the court considers a report unnecessary.
When a request is made by the legal representative the Probation Service will either:
- Arrange to speak to the defendant so the report can be produced
- Ask a court legal adviser to change the court hearing date, when there is insufficient time to produce a report. The court legal adviser will tell the defendant’s legal representative whether the hearing date has changed. The court will also tell the defendant if the hearing date has changed, or
- Refuse to produce the report. The defendant’s legal representative can still ask the court to order a pre-sentence report at the hearing.
At the court hearing:
- the court will ask the defendant whether they are guilty or not guilty of each of the offences, and
- if the defendant pleads guilty, the court will decide whether to use the pre-sentence report prepared by the Probation Service. It may decide to sentence without a report or to ask for a further report.