Court Reports

There are two types of Court Report:

1. A Court Report is requested when the court wishes to know more details of the offender's background and circumstances to assist in deciding upon an appropriate sentence.
2. Pre-Trial High Court Reports are written by social workers. Social Work Departments receive requests for reports in advance of sittings of the High Court.

Court Report

Why has a report been requested?

The court wishes to know more details of the offender's background and circumstances to assist in deciding upon an appropriate sentence.

What information is contained in the report?

The report will contain details of various aspects of the offender's life, both the past and present.

Information will cover:

• family background
• health
• education
• employment
• accommodation
• financial circumstances
• relationships
• previous contact with the Social Work Department
• leisure activities
• use of alcohol and drugs
• previous offences
• circumstances
• attitude to the present offence

In some circumstances it might be appropriate to approach other people connected to the offender such as their doctor, employer or even family members. Also, the court may ask for reports from a local alcohol and drug counselling service or a psychiatrist. The offender would be contacted by these agencies and should attend any interviews that were made for the offender.

Where will the information come from?

Most of the information will come from what the offender says in interviews but as the report has to be as factual as possible it might be necessary for the information to be verified. For instance, the offender should attend interviews with details of their income and spending such as wage slips, rent book, payment books or benefit book.

Who will see the report?

Some copies of the report are sent to the court and some are retained by the Social Work Department. The report is seen by the Sheriff or Justice of the Peace, the Procurator Fiscal and the solicitor involved. If the offender were to receive a custodial sentence, then a copy would be sent to the Social Work unit in the prison establishment.

Does the offender get the opportunity to see the report content?

Yes. The offender will be offered the opportunity to read the report either by someone from the Social Work Department or by their solicitor. If there is anything the offender wishes to question, then they should bring the issues up with the person showing them the report at that time.

The offender should be aware of the contents of the report prior to being called for sentence.

The report has to be factual but it will probably contain professional opinions and a suggestion or recommendation about sentencing. Any opinions should be clearly identified by the offender prior to this time.

What will the court then do?

The court will consider the report but it is the court that has the final decision. This could be one or more of the following:

• Admonishment
• Fine
• Compensation Order
• Restitution
• Caution
• Probation Order
• Community Service Order
• Custodial Sentence
• Sentence deferred for a further period

Pre-Trial High Court Reports

Who writes these reports?

Reports are written by social workers. Social Work Departments receive requests for reports in advance of sittings of the High Court. These usually take place at those towns which have sheriff courts, although sometimes sittings in Edinburgh or other cities.

Must the accused agree to the report being written?

High Court pre-trial reports are written before a plea has been taken. The accused may not wish the report to be prepared, and if this is the case they do not have to co-operate. The accused will be formally asked by the social worker whether they agree to the report being written or not. In most cases it is preferable for the matter of the report to be discussed with the accused and the involved solicitor. If the accused does not wish to co-operate, then the social worker would not proceed. He/She would then write to the court confirming that the accused did not wish the report to be written.

What if the accused did agree?

If the accused agreed to the report being written then it would include personal details such as employment, finances, family, health, offending history, and other relevant areas of information. However, since at this stage no offence has, in law, taken place, there will be no reference to the offence.

Would the social worker make any recommendations?

No recommendation to the court would be made; the social worker may include that the accused is having difficulties, but cannot say for instance that probation would be appropriate, or that community service would be suitable.

What then happens to the report?

A completed report should be sent to the court, to arrive three days before the stated date of appearance. If the accused was then to plead or was to be found guilty, the report would be considered before sentence were passed.

What if the accused was to be found not guilty?

If the accused was to be found not guilty or not proven, the Social Work Department's copy of the report and all other relevant material to the case would be destroyed.