A row on pre -sentence reports broke out after guidelines were changed to recommend them for criminals of an ethnic, cultural or faith minority.
The sentencing board set out the recommendations to courts in England and Wales, but Justice Minister Shabana Mahmood said she did not agree with them and wanted them to be reversed.
However, the council is independent, so she cannot command them to change the guidance.
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Conservative Shadow Justice Secretary Robert Jenrick calls it ‘twofold justice’ And said there was “blatant bias” against Christians and straight white men, because they are not on the list for a pre -sentence report.
He has me. Mahmood also accused him of knowing about the policy and either changing her mind or “sleeping on the wheel”.
Sky News looks at what pre -sentence reports are and the recommended changes.
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‘Blatant bias against straight, white men’
What are pre -sentence reports?
If someone is convicted of a crime, the court can use a pre -sentence report (PSR) to help them determine a imprisonment or community order.
A PSR must be obtained unless the court considers it unnecessary. A defense lawyer may also request a report if they believe that there are significant mitigating circumstances.
A probation officer of the trial service, an impartial government body, prepares and prescribes the report after an interview with the defendant.
What is included in a PSR?
A PSR will include the personal history of a defendant, including their age, education, family background, employment status, living conditions, mental health problems and any drug or alcohol dependence.
Any previous criminal convictions will also be included, as well as the defendant is currently subject to test intervention through a community order or suspended sentence or license.
Their current or previous compliance with the experimental service will be revealed.
A detailed version of the offense and any aggravating or mitigating circumstances must be included.
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Justice Secretary Shabana Mahmood said she did not agree with the latest guidelines. Lying Photo: Dad
The report will take into account the risk a defendant for the victim, children, the public and themselves.
An assessment of the defendant’s mental health can be included and any history of drug abuse, so that the court can better understand their circumstances.
A defendant’s thought process during the commission of the crime is essential to the report, as it helps the court demonstrate the degree of repentance, culpability and motivation to comply with the trial services.
The last part of the report consists of a recommended sentence, which considers sentencing guidelines as well as the needs of the individual.
Why would a PSR not be obtained?
A judge may decide that a report is unnecessary in some cases, especially if the offense is minor, the offender has a clean criminal record or the circumstances make the potential sentence clear.
Does judges always accept PSR -sentencing advice?
They do not have to adhere to the recommended sentence of the PSR, but a magistrate’s court almost always accepts the recommendation.
It is very often that the judges of the Crown Court accept a completely different sentence.
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What are the guideline changes?
The sentencing board changed its guidelines to public consultation on March 5 to take effect on April 1.
It is said that a PSR “normally should be considered” if the offender belongs to one or more of these groups:
• is the risk for first sentence and/or the risk of a sentence of two years or less
• is a young adult (18-25 years)
• is female
• is of an ethnic minority, cultural minority and/or faith minority
• is pregnant or post-Natal
• is an sole or primary caregiver for dependent family members
• revealed that they are transgender
• have or may have addiction issues
• or may have a severe chronic medical condition, physical disability, mental illness, learning disabilities or brain injury
• The offender is considered a victim of domestic abuse, physical/sexual abuse, violent/threatening behavior, coercive/controlling behavior, other abuse, modern slavery, coercion, care, intimidation or exploitation.
The council says the list is not culling and PSR may be necessary if the defendant is not in one of the categories
