What a pre-sentence report is
If you plead guilty or are found guilty of a criminal offence, the court may ask for a pre-sentence report before deciding your sentence. This is a written report prepared by the Probation Service. It helps the judge or magistrates work out a suitable sentence by looking at the offence, your circumstances, and whether you are likely to respond well to options such as a community order or unpaid work.
If you want a sense of what sentence you might be facing, you can use our free Sentence Guide.
In England and Wales, reports are prepared by probation officers working for His Majesty's Prison and Probation Service. The court can ask for a full written report or a shorter oral report on the same day. In busier magistrates' courts, a short oral report from the duty probation officer is now common. Fuller reports tend to be ordered for complex cases, defendants with no previous convictions, or where the court faces a significant sentencing decision.

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If a report is ordered, you will usually attend an interview with a probation officer. They will ask about the offence, your version of events, how you feel about it now, and your personal circumstances: housing, work, income, family, health, any drug or alcohol use, and previous convictions. Interviews can take place at a probation office, at court, or sometimes by video or phone.
You are entitled to legal representation throughout sentencing, and you can ask your solicitor for advice before the interview. In some cases a solicitor can attend, though most interviews happen without one present.
Turn up and engage properly. If you refuse to cooperate or fail to attend, the court will likely hear about it and may draw adverse conclusions about your willingness to engage with a community sentence. Courts sometimes make cooperation with probation a bail condition after conviction. If you cannot make the appointment, contact probation as soon as possible to rearrange. If you simply fail to show, the court may sentence you without the report.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
What the report covers and who sees it
The report gives the court a fuller picture: why the offence happened, the risk of reoffending, any risk of harm to others, and what sentence is realistic given your situation. It usually ends with a proposal, for example a community order with unpaid work, a rehabilitation activity requirement, drug or alcohol treatment, or a curfew with electronic tagging.
The court does not have to follow that proposal. Sentencing is for the magistrates or judge, working within the Sentencing Council guidelines. Magistrates often go along with probation's suggestion when it fits the guideline. Crown Court judges are more willing to depart, especially where custody is on the table. A report proposing a community order will not necessarily stop a judge imposing prison if the guideline points that way.
The report is shared with you, your solicitor or barrister, the prosecution, the court clerk, and the bench or judge. You should read it before the hearing. If anything is wrong, tell your lawyer straight away so it can be raised in court. Minor errors can often be corrected on the day; significant disputes may need a written submission or an adjournment. Fixing a factual error before sentencing is much easier than afterwards.
Preparing for the interview
Probation officers deal with personal information regularly: mental health, addiction, domestic circumstances. If there is something the court needs to understand, the interview is the right place to raise it. You can ask your solicitor beforehand what to mention. Anything you say may end up in the written report, so think about it in advance.
Be straight about your circumstances. Exaggerating or minimising tends to come across badly, and probation officers are experienced at spotting it. If the report suggests you were not honest, that can affect how the court views your remorse and suitability for community sentences.
If you have a mental health condition, learning disability, or neurodivergent condition such as autism or ADHD, say so. The report can flag this and recommend adjustments to any requirements attached to a community order.
- Attend the interview on time with any paperwork probation ask for.
- Read the report carefully before sentencing and flag errors to your lawyer.
- Check whether cooperation with probation is a bail condition.
- If you cannot attend, contact probation as soon as you know.
A report can still help even when custody seems unavoidable. It can set out mitigating factors: genuine remorse, caring responsibilities, steps taken to address the behaviour, or context that might affect sentence length or whether it can be suspended. The report also feeds into how probation manages your sentence once you are released on licence.
A pre-sentence report will not decide your sentence alone, but it often has real influence, particularly where the court has a genuine choice between custody and a community order. Treating the process seriously is usually worth the effort.
The probation officer will assess your circumstances, previous convictions, and readiness to change. Being honest with them and showing you're already taking steps to address any addiction issues can make a real difference to their recommendations.
If you have a solicitor speak to them urgently about your specific situation as they can advise on realistic outcomes and help you prepare properly for the probation interview. If you don't have one yet, please consider contacting a criminal defence solicitor immediately as this issue is too important to handle alone without support.
The solictor has will submit an appeal soon.
Due to incorrect law of used as the previous trial should have not happened. Can you shed some light into this.
Solictor is asking to go to the interview hence she is fully aware my son is mentally not stable.
Not sure why.
What is the alternative to this?
My partner is up for sentencing for a section 18 - probation have been to interview for a pre sentence report and asked him alot about me and my children (who are not his), in particular they asked if i was involved with social services and I was wondering why they would ask this?
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I can't see what the problem is, unless the subject is planning to be unavailable. If what you are saying is that the Probation Service would like to speak to the subject in the middle of his holiday, then there are methods of doing that as Covid has taught us. So, on the whole, unless I misunderstand your question, I think the answer is, no.
And, from what you have told us, both sides agree on nothing. And, so there is no method for this forum to help you.
It's all about newcomers.
I think your local police force and newspaper have the highest stake in this tragedy behind yours.
This forum has no right to speak about sentencing. You need to be a magistrate or a judge. So, let's try something else. Let's suggest that prison is the best place for dangerous people. And then let's consider a self-confessed strangler. Justice doesn't always go to plan. But, there is a large arrow pointing to where a self-confessed stranger needs to be kept.
On balance, my personal view is: if he did it, there is evidence and a complaint, there is a reasonable chance of jail and conditions. Yes.
The short answer is probably no, depending what the image is of. If it's something really terrifying, then maybe there is a case.
But, getting back to our origin, why is he looking at bad images?
I know it’s probably not your place to say but I just want to know if you think it’s likely.
This isn't really a matter for this forum. It's a matter for a court. We aren't in any kind of position to advise on this. The one thing that I would say about all court orders, though, is that breaching them is a really, really bad idea. They're alternatives to custody. So, the alternative to an order has to be worse, by definition. It's not in the recipient's interest to breach an order.
Is it a bad sign?
First time offence aged 64 no previous
Psr recommends no custodial judge harsh
Diagnosis of autism
What’s likely to happen
I'm afraid that we've no idea. We don't know anything about the order that you've breached, nor what you've damaged.
I wouldn't elaborate in this forum, if I were you. But, you must be able to see that depending upon the severity of your misdeeds, the results could range from the minor to the severe. I suppose that's the whole point of having a judge.
When you have kids, then you have a family. And kicking some stranger's head, in an alleyway, is no longer a priority.
I don't know how many scrappers there are out there who understand this.
PSR would help your boyfriend or not, it's not certain that it would, no. If he hadn't shown up for his court-appointed responsibilities, then it's far less likely that any court, CC or not, would grant him leniency.
As far as Crown Court is concerned, yes, judges do have available to them sentences far in excess of those available to magistrate. But, there is a good reason for that. The cases are likely to be far more serious.
Magistrates dont always have to hand over to CC.
My advice is don't commit crimes and don't burgle houses. My reassurance is: If you've burgled houses and committed crimes and are in front of a judge then: good luck.
Aggravated twoc
2 counts of criminal damage
First offense
Court now ordered for presentce report does this me Jail
my husband pleaded guilty in April.
He was due to have a hearing in July which was postponed because the judge was in another trial.
The lawyer says he's been put on the list.
But isn't there a time limit to have a sentence?
Can the judge decide to give him the sentence date even in a year?
thank you
Romina
Then it's the judge's turn. That's the situation you're now in.
You've got a real choice now: A whole life of crime or a normal working life. Think about it really hard. This is an important moment for you and your future. Who do you want to be in charge of your adult life?
You're 16. You're young. Learn a trade and keep your nose clean from now on. And, if anybody asks you to get involved in crime tell them to get lost.
I have been found guilty of money laundering and conspiracy of avoiding duty (£6.3 million), so judge hasn’t requested pre sentencing reports on me or other defendants, it’s my first offence although I didn’t think my brief gave me the best advice looking back, will judge pass sentencing today or is it likely she will adjourn for reports to be made
It was not premeditated but there is however the fact that prove my guilt.
I am out on bail. Have been since October 2019. What are the chances of me continuing I bail until the report is written by the criminal social worker and sentence is determined by the sheriff ?
The witness statements are a different issue altogether. Since you've pleaded guilty they are no longer relevant. You don't need them. They would have been disclosed to you in the pre-trial phase of the police investigation. (It looks from what you've written that that is exactly what has happened.) But, since you have pleaded guilty there was no trial so the witness statements are redundant. It would be wise for you to permanently put them out of your mind from now on.
The thought of prison scares me to death and also i am vulnerable to others and unable to defend myself
Can you offer any advice
Thank you
In terms of free legal advice my own experience is that it does exist but It's predicated on the law firm being reimbursed by Legal Aid. And Legal Aid is difficult to obtain. I was given a list of family law firms who give free legal advice, although it's an area that I've had dealings with before. So, I already know a bit about it. And finally, although it's not usually recommended, you can present your own case to the Family Court without using a solicitor. I think the last suggestion is one that would only be undertaken by somebody who had no other option. Good luck and I hope this helps.
Anyone can contact the Probation Service, directly. And, if you don't then I'll do it on your behalf. Self righteous people would note that these are all good reasons for not committing crimes in the first place. (So, I'll not make that statement.) I get the impression that this lesson has not eluded you. I don't know the answers to any of your questions. But, I do know how to find them.
But, let me ask you a question.
Let's suppose that you chose not to commit any crimes at all.
Would it be worth avoiding being at such a low point for the sake of abiding by the law? Or is it worth being both a criminal and being in despair?
I appreciate that most people don't think about the consequences of their actions. But, maybe they should. Who knows?
I'll be back with some answers as soon as I get them.
Maybe, in the meantime you could reflect on what I've said.
I asked probation to write a new report because of this, they refused.
I believe my sentence was harsh, therefore should probation have submitted a new report?
All my circumstances had changed before sentencing. I asked probation write a new one because of this, probation refused.
The sentence was harsher than expected, does probation have a duty to inform the courts of changes with a new report?
When and if ever you do write to the charity that I mentioned, you might like to ask them to consider whether or not your legal advice had been sufficient. If it has been, there is always the possibility (however unpalatable for you that it may be) that the judge and the probation officer were right.
In respect of your direct question: Yes. A probation officer can ask you anything and write anything about you in a report. And, no. Unlike in the pre-trial phase of a criminal investigation, where everybody has a right to counsel, there is no automatic right to be represented at a probation meeting. You do raise a fascinating issue. Unfortunately, I'm a criminal justice campaigner and not a prison rights campaigner. So, I shan't be taking this case up. But, you can.
As far as I can tell, the decision, from the look of that website, is not logically any different from the one to be made before the pandemic. Or put differently, current, publicly available information doesn't seem to be suggesting that the pandemic is making it easier to get bail.
We are devastated as this was not expected. My daughter is afraid that if she appeals and fails she will serve even longer.
Will a pre sentencing report help he’s sent acing?
He suffers from mental health and fiscal disabilities and has had the worst life ever.
I'm not a legal representative. But, I am a criminal justice campaigner.
Anybody can write to the National Probation Service, giving any details that they wish to give. Whether or not the Probation Service, as a whole, acts on it is another matter entirely. I suspect that you were given an investigating officer, when your ex committed his offence. If this had happened to me, I would contact the investigating officer again and explain that I did not feel sufficiently protected by the current injunctions, because they had been breached a number of times.
I'm afraid that I didn't understand what you meant by working with solicitors or getting away with convictions. However, what seems to be clear from your message is that you don't feel safe. I'd also contact womensaid.org.uk I'm sure an advisor from there can help you to make take the right steps.
He has got away with convictions in the past as he works with solicitors and gets character refrences and i am worried he will also do the same now. Can i contact the probation team and make them aware of this.
Bladey2020 - 11-Mar-20 @ 8:13 PM
Hello Bladey2020
I'm not convinced that this website is answering queries any more. It would be a shame if they stopped, because I found the service hugely interesting and quite unlike anything that I've ever seen before.
I'm a social campaigner. I'm not a legal professional. But, there are some points in your question that are of general public interest.
The judge does of course have direct access to a defendant's criminal record. The Probation Service does too.
Neither of them will have access to the defendant's previous attitude. They won't know what he's said to people or what people have said to him, unless it's a matter of public record. If there are previous reports, the Probation Service can read those.
But, these are all people who are very experienced in dealing with criminals, especially repeat offenders.
One of the obvious questions for anybody, you (don't need to be a judge), when it comes to dealing with a repeat offender is:
Why did being arrested and punished last time not put an end to this person's offending behaviour?
And, I'm pretty sure that the probation officer will ask him that, directly.
I'm going to keep copies of the article. So, next time (and there will be a next time) I read about a convicted wifebeater returning from prison and mangling the self-same woman once again, I will be able to reasonably object that this situation should never have been allowed to happen in the first place.
I have had a pre sentencing report from the probation service, neither my solicitor or myself where given a copy of it before the trial, so we could not object to anything in it as being incorrect. The report was also read out in court by the probation officer who compiled it so again the information you are giving is incorrect.
I was given an indication of what sentence the probation service were recommending by word of mouth but that is all.
Take Mark Power, from Birmingham, who was imprisoned for DV, released and went home and threw the self-same girlfriend downstairs, breaking her back.
Almost identically, Damian Hudson, from Hartlepool was severally accused, but not convicted of DV, until his girlfriend jumped out of a window to escape. That time he was convicted and imprisoned. (He is in prison now.) The same girlfriend is widely reported, in local news, to want to live with him upon his prison release (similar to the case above.)
Objective, independent readers might speculate about the great benefits to be gained from living entirely separately from serial violent domestic offenders. But, be that as it may, why did the Probation Service and the police not prevent Mark Power from throwing his girlfriend down stairs? He was already a known violent convict. And, she and Damian's girlfriend were already known vulnerable victims.
And, why are the two services not planning right now, to prevent Damien Hudson from throwing his girlfriend out of another window, as soon as he is released from prison? Because, that is precisely what he will do.
I believe his behaviour is partly due to a mental health issue.
He was in a serious car accident some years ago and suffered a brain injury but other than that his condition is undiagnosed, and he may appear normal.
Is there any way I can draw attention to his need for psychiatric help?
He was released without charge pending enquiries. They later charged him and he pleaded guilty for intent to supply 2.5 grams of cocaine. The court Probabtion officer have applied for suspended sentence and community work. As I'm now pregnant, we've moved home and he's started his own business. Do the court always go by the Probabtion officers ?
I have twins and am pregnant with our first child i am under social services and he is my main support network ineednto nowhat to expect
I have committed fraud over a 4/5 year period . It started just little amounts at first lieing about what I needed the money for the real reason was I was addicted to gambling , but I didn't accept that in the beginning .
To cut a long story short .i am in court very soon on fraud act 2006 I am facing a heavy prison sentance .
(I am genuinely sorry ) but the amounts of money are very large from people who trusted in me
The lies were so very wrong from me but at the time I would say anything to get the money
I know niw after going to gamblers help few times that this is part of a gambler lies.
I was raided by the police arrested and admitted everything without a solicitor there
Then I got a solicitor .
But I feel like I was someone else ..weird but I really am disgusted with my acts
I have a probation date .
But since I have had a court date that is just too close to the probation report date
I am facing a few years for my stupid addiction and what happened I can't pay the money back but would if I could .
My question is ? They know the defence all monies were spent on gambling my bank statements say that ..do you think a sentance in prison is enevitable or will they consider it was a gambling addiction and lighten the sentance .
I have not gambled since never would
I am thinking prison is what I face but is there any circumstances which it could be not?
I have a loving family who have no matter what stuck by me they know I am a caring person and the deceit was gambling .
Been stooped by police after 2 days from disqualified and was again on court and judge give me Pre-Sentence report.
Anyone know what can be happen?
Thanks
whic question do they ask?
I feel the probation report was influenced by the police officer involved and did not reflect the interview that took places. The probation officer said that he would recommend a fine to dad and a suspended sentence. The report was damming and took little or nothing from the interview.
Can we request a investigation or copy of interview. There was an interpreter present. What can be done.
Hoping it's not prison
Many thanks
If in 1960 there were no such reports, how would a judge have made an assement of the background circumstances, for example: possible sparodic mental illness?
Thank you for your time.
I have been found guilty,I am going for pre-sentencing on 10/April/2015, during the time when the magistrate was imposing the verdict,she did not quote the relevant informatlon the defence was saying before court.Instead he was in the state witnesses side
Is it possible for the defence to rectify the unfairness of the court, before pre sentencing is taken place. The magistrate version was an embarrassment, if there is such, what act that allow me to complain for the version, before the pre-sentence can take place
Thanking you.
An innocent man being found guilty by a spiteful jury simply because the case was about a child. his partner found guilty almost immediately yet it took a few days longer for them to come back after a reduced number of guilty votes. A man who told the truth in court, yet if he continues to tell the truth about what happened how can he get a good report. he will be accused of being in denial. The charge carries a 10 year maximum tarrif. The fiasco of the court proceeding is tearing our family apart. to have him in jail because he gets a vindictive pre sentence report is terrifying
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