What Is A Presentence Report?
A Pre-Sentence Report is requested by the Court if you plead to, or are found guilty of a criminal law offence in NSW.
If the Court is considering a full time custodial sentence for your matter then, in order to assist the court to consider all options, a report will be provided by community corrections prior to sentencing.
Sentence Assessment Report
A presentence report is now known as a Sentence Assessment Report (SAR), however it is exactly the same report as the former presentence report. Once the Court has ordered a pre sentence report, the Court will usually adjourn your matter for around 6-8 weeks and direct you to attend your nearest office of corrective services NSW or Community Corrections.
This is your chance to work together with Community Corrections. The report writer will assist the court by suggesting options to the Court other than prison. Usually there will be one interview that you must go to in person, and more may be needed based on your situation.
The interviews are usually held during working hours and weekdays, so you will need to make arrangements to attend. Once the report is ordered, contact your local office and give them your contact information. They will usually organise an interview with you within 14 days.
Before you attend your scheduled interview, you should speak to your lawyer and be prepared. There will be many questions asked during the interview and this will cover a wide range of topics.
The interview could involve the following questions.
- Your background;
- Any medical problems you may have;
- Your residential address, how long you have been there and who you live with;
- Your family background, your father, mother and other relatives. You may be required to provide their contact details;
- Your domestic circumstances for example are you married, single or are in a relationship;
- If there are any AVOs between you and another person whether you are the defendant;
- If you have any children and whether you look after your children and your domestic duties for your children;
- Your employment record and how long have you held your job. If you currently work and your working hours on a weekly basis;
- If you have any friends and who are they? Whether any of those friends have any criminal record?;
- Your education and any academic achievements you may have;
- Your current financial situation;
- Your criminal history;
- Whether you have any disabilities or suffer from any other illness?;
- If you have any significant debts or if you have any gambling issues;
- Do you play sports or what are your hobbies;
- What do you think about the offence you have been found guilty of or have pleaded guilty to?;
- Do you use drugs or take alcohol? Whether you think you may have an addiction and whether you may need treatment for it;
- If you suffer from any mental health issues? If you currently see a psychologist and whether you currently have any treatment plans.
If you answer truthfully and completely, the officer composing your report will have the greatest range of possibilities to present to the Court. These may include supervised community corrections order or community release order with particular, focused aid for you, Community Service Order or other choices – all intended to keep you from committing any criminal law offence and avoiding prison time.
What happens if the report is bad?
It’s not impossible for a bad report to be corrected. There may be some inaccuracies in the probation officer’s report, but this doesn’t necessarily mean you’ll end up in jail. It’s important to talk to your lawyer before and after your meeting with probation and parole.
What should I do if I fail to attend the meeting?
If you miss the Probation and Parole meeting, contact them right away to set up a new one. They usually are understanding and give a second opportunity to do the report.
What happens if I am not suitable for anything other than prison?
This does not mean that you will be sent to prison. There are various ways that you can serve your sentence in the community. These include home detention, a suspended sentence, and an intensive corrections order.
If you are getting going to court to be sentenced, and need to speak to an experienced Criminal Lawyer urgently, call us now for a free consultation.
Why Choose Lyons Law Group?
If the police have charged you or a loved one, you must attend court. Appearing in court for a criminal charge is usually daunting. Let us help you make the process easier. Here are 10 reasons to choose our team of criminal lawyers from Lyons Law Group;
Result-focused criminal lawyers
Our team will work to achieve the best result for you in the shortest time possible. However, we do aim to provide quality over quantity service to you. Our criminal lawyers appear in all criminal and traffic matters, including trials, sentencing, bail applications, and apprehended violence orders. We are a result-focused firm of lawyers.
At Lyons Law, we do not make any unrealistic promises for results. You will be advised on the most realistic results achievable in your case, including acquittals of all charges against you. Nevertheless, you can be sure that our team will work extremely hard to achieve the best possible outcome for you.
Proven Track Record
Our experienced defence lawyers are passionate about representing their clients and achieving the best outcome. Lyons Law is a team of solicitors who are dedicated, and with our support staff, you can be confident of the highest quality of legal representation. We have an exceptional track record of results. We provide our outstanding client service at an affordable rate for our clients.
Fixed Fees
We always let our clients know how much their cases will cost from the beginning. This makes it easier for them to decide whether or not they want to proceed with the case. Not only do we offer fixed fees for many types of criminal cases and services, but also free first phone consultations. In addition, our firm offers fixed fees applicable to a wide range of Local Court cases such as drink driving, fraud, drug possession, assault, and AVOs.
Free First Conference
For all of those individuals who are going to court, we offer a free first 15-minute phone conference with one of our senior criminal defence lawyer. It is best you email our office all your relevant documents before a conference so criminal lawyers can provide the best advice within that time frame.
Highly experienced criminal defence lawyer
Lyons Law Group is a highly experienced team of criminal lawyers. Our team is led by Mohammad Khan, who is one of the best criminal lawyers in Sydney. He has represented clients in some of Australia’s most high-profile cases and was under the direct tutelage of Australia’s leading criminal lawyer Adam Houda.
Moreover, our team has worked and successfully represented clients on highly complex trials and sentences in NSW.
Work closely with Australia’s leading criminal law barrister
We work closely with some of Australia’s leading criminal law barristers. Barristers are usually instructed in more serious matters, and their experience and input can be invaluable to your case. The barristers we regularly instruct range from Queen’s counsels, Senior counsels and highly experienced junior-senior counsels.
Specialist for District and Supreme Court trials
Our team of sydney criminal lawyers have worked on numerous District and Supreme Court trials in NSW. We have worked on extremely complex criminal law trials that require impeccable preparation and understanding of the law.
Specialist for bail applications in NSW
Lyons Law Group is a highly experienced team of bail lawyers. We have regularly obtained bail for clients for extremely serious charges that carry life sentences. For types of charges, bail is usually denied by a Court.
In house Experts
Our criminal lawyers have in-house investigators with decades of law enforcement experience and assist our team with process service, background checks, integrity testing, investigations, surveillance, and bug detection.
For the preparation of jury trials and defended hearings, these services can be utilised on behalf of our client to achieve the best result.
Appearance at all Courts in NSW
From Broken Hill to Waverly, our criminal lawyers appear in all courts throughout New South Wales.
If you wish to contact us or book your first free 15-minute phone conference, contact us on 0404479096 or send us an email at info@lyonslaw.com.au.
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