Pre sentence reports

Convicted Driver Insurance

Derekward

Active member
Hi I have looked all over this site for anyone who has had to do a pre sentence report, but can’t find any information on this . Are they a positive or negative . Has anyone that has been through this give me any thoughts on this mine is due on Monday over the phone
 

Noangel25

Well-known member
Hi I have looked all over this site for anyone who has had to do a pre sentence report, but can’t find any information on this . Are they a positive or negative . Has anyone that has been through this give me any thoughts on this mine is due on Monday ove
Hi I have looked all over this site for anyone who has had to do a pre sentence report, but can’t find any information on this . Are they a positive or negative . Has anyone that has been through this give me any thoughts on this mine is due on Monday over the phone
I’m guessing you must have some history of driving offences or done something at the very top end of the scale ?

The only experience of pre sentence reports I have is from my own dealings . I had one in 2003 for a NON DRIVING OFFENCE. I went to see some one at the probation office to do mine .

However the offence was a serious one of violent disorder and I got sent to prison any way .
If you outline in detail your offence on here you will get some good advice . There are some good and very experienced people on here . Especially (price1637) when it comes to all things to do with the police , courts , law , CPS and any driving related questions as well . He’s firm and honest which is what you need .
 

Derekward

Active member
I’m guessing you must have some history of driving offences or done something at the very top end of the scale ?

The only experience of pre sentence reports I have is from my own dealings . I had one in 2003 for a NON DRIVING OFFENCE. I went to see some one at the probation office to do mine .

However the offence was a serious one of violent disorder and I got sent to prison any way .
If you outline in detail your offence on here you will get some good advice . There are some good and very experienced people on here . Especially (price1637) when it comes to all things to do with the police , courts , law , CPS and any driving related questions as well . He’s firm and honest which is what you need .
No I had 1 offence 10 and a half years ago and a failing to provide last month

price has been great already and expressed its because they are considering community service , I was just asking to see if anyone had experience with this

steve
 

Noangel25

Well-known member
No I had 1 offence 10 and a half years ago and a failing to provide last month

price has been great already and expressed its because they are considering community service , I was just asking to see if anyone had experience with this
 

Noangel25

Well-known member
No I had 1 offence 10 and a half years ago and a failing to provide last month

price has been great already and expressed its because they are considering community service , I was just asking to see if anyone had experience with this

No I had 1 offence 10 and a half years ago and a failing to provide last month

price has been great already and expressed its because they are considering community service , I was just asking to see if anyone had experience with this

steve
No I had 1 offence 10 and a half years ago and a failing to provide last month

price has been great already and expressed its because they are considering community service , I was just asking to see if anyone had experience with this

steve
Hi I have looked all over this site for anyone who has had to do a pre sentence report, but can’t find any information on this . Are they a positive or negative . Has anyone that has been through this give me any thoughts on this mine is due on Monday over the phone
Basically it’s just a call or meeting to ask you about your background and home life , job etc etc . A look at your character and your previous offending history . It seems a bit extreme if you have only one conviction previously. I take it you blew very high etc etc … good luck it’s nothing to worry about and you can get across your remorse etc
 

Noangel25

Well-known member
No I had 1 offence 10 and a half years ago and a failing to provide last month

price has been great already and expressed its because they are considering community service , I was just asking to see if anyone had experience with this

steve
So price can tell you what will happen with your pre sentence report then . In much greater detail than me .

Good luck
 

Polly3

Well-known member
No I had 1 offence 10 and a half years ago and a failing to provide last month

price has been great already and expressed its because they are considering community service , I was just asking to see if anyone had experience with this

steve
Price is correct and I have also indicated the same . The court want your suitability for a community sentence assessing . The only negative is that the process has delayed your sentencing . It is not negative in itself and the Probation Service will deal with you constructively.
 

price1367

TTC Group
Derekward,
I see you asked Martin, the solicitor on here: “Hi can you get a community order and a fine for failing to provide”
And he replied that you can. That is the correct answer if the question was: “Hi can you get a community order OR a fine for failing to provide” you can get either, but not both for 1 offence…… Unless the community order only offers help and not a ‘punishment’ element like hours of unpaid work, in which case you can receive a fine as the punishment part.
 

Derekward

Active member
Derekward,
I see you asked Martin, the solicitor on here: “Hi can you get a community order and a fine for failing to provide”
And he replied that you can. That is the correct answer if the question was: “Hi can you get a community order OR a fine for failing to provide” you can get either, but not both for 1 offence…… Unless the community order only offers help and not a ‘punishment’ element like hours of unpaid work, in which case you can receive a fine as the punishment part.
Hi pricey

I thought that’s what you told me
Derekward,
I see you asked Martin, the solicitor on here: “Hi can you get a community order and a fine for failing to provide”
And he replied that you can. That is the correct answer if the question was: “Hi can you get a community order OR a fine for failing to provide” you can get either, but not both for 1 offence…… Unless the community order only offers help and not a ‘punishment’ element like hours of unpaid work, in which case you can receive a fine as the punishment part.
Thankyou that makes sense just trying to figure what the judge will give me now he has ruled out prison the probation officer mentioned a community order IE supervision and a alcohol awareness course

regards steve
 

price1367

TTC Group
Just bear in mind that the alcohol awareness course is compulsory but does NOT get you a reduction in your ban (but it is free).
The Drink Drive Rehabilitation Course has to be offered you during the hearing (ask if not offered as it cannot be offered afterwards) and is the only one that DOES reduce your ban (but it does cost)
 

C J 1980

Well-known member
Derek

I fell foul of a pre-sentencing report when I appeared before the Magistrates in February 2019 having been charged with DUI.

My reading was 113 and I fell into a HRO category. I would just like to add that this was my first offence and my first brush with the law.

I appeared in the court room and the Magistrates referred me to the court probation officer. The bench adjourned my case for an hour, so I could speak to her privately in a side room.

The purpose of the pre-sentencing report is to review the defendant's background and circumstances prior to passing any additional sentences on top of the driving ban.

Some HRO's are fortunate enough not to suffer the humiliation of the dreaded probation service or community payback people and simply get a ban and a fine.

Unfortunately, in my case, because my reading was high, the Magistrates decided to impose 100 hours community service. The pre-sentencing report is merely a safety mechanism for the Magistrates to ensure they have considered all the 'whys and wherefores' before deciding the defendant's fate.

In my case, I was dealt with at court on the same day. However, some pre-sentencing reports may look at medical issues, which will need the case to be adjourned for a few weeks.

What you have to consider is that some defendant's may have personal issues or a history of repeat offending (not necessarily DUI cases) and Magistrates need to be confident that any punishment is proportionate for the defendant.

There are times when mistakes are made. For example, when I did my community service (CS) in a local community centre, another lady also doing CS was clearly struggling with alcoholism and was too unwell to work.

She was a HRO on a second DUI. In my view, she should have perhaps being given a alcohol treatment programme or a home detention curfew as a more suitable form of punishment. If she was still drinking, at least she could do it at home and stay indoors overnight.

The whole ideal of the pre-sentencing report is to identify any potential issues if say the Magistrates sentence John or Jane Doe to X number of hours CS.

Derek, I don't know your own person circumstances. I hope what I have explained my at least help you to understand how it works.

Regards

CJ
 

Polly3

Well-known member
Derek

I fell foul of a pre-sentencing report when I appeared before the Magistrates in February 2019 having been charged with DUI.

My reading was 113 and I fell into a HRO category. I would just like to add that this was my first offence and my first brush with the law.

I appeared in the court room and the Magistrates referred me to the court probation officer. The bench adjourned my case for an hour, so I could speak to her privately in a side room.

The purpose of the pre-sentencing report is to review the defendant's background and circumstances prior to passing any additional sentences on top of the driving ban.

Some HRO's are fortunate enough not to suffer the humiliation of the dreaded probation service or community payback people and simply get a ban and a fine.

Unfortunately, in my case, because my reading was high, the Magistrates decided to impose 100 hours community service. The pre-sentencing report is merely a safety mechanism for the Magistrates to ensure they have considered all the 'whys and wherefores' before deciding the defendant's fate.

In my case, I was dealt with at court on the same day. However, some pre-sentencing reports may look at medical issues, which will need the case to be adjourned for a few weeks.

What you have to consider is that some defendant's may have personal issues or a history of repeat offending (not necessarily DUI cases) and Magistrates need to be confident that any punishment is proportionate for the defendant.

There are times when mistakes are made. For example, when I did my community service (CS) in a local community centre, another lady also doing CS was clearly struggling with alcoholism and was too unwell to work.

She was a HRO on a second DUI. In my view, she should have perhaps being given a alcohol treatment programme or a home detention curfew as a more suitable form of punishment. If she was still drinking, at least she could do it at home and stay indoors overnight.

The whole ideal of the pre-sentencing report is to identify any potential issues if say the Magistrates sentence John or Jane Doe to X number of hours CS.

Derek, I don't know your own person circumstances. I hope what I have explained my at least help you to understand how it works.

Regards

CJ
Worth noting also that other contributors on here have reported positive experiences of unpaid work and other like sentences .
 

price1367

TTC Group
“There are times when mistakes are made. For example, when I did my community service (CS) in a local community centre, another lady also doing CS was clearly struggling with alcoholism and was too unwell to work.

She was a HRO on a second DUI. In my view, she should have perhaps being given a alcohol treatment programme or a home detention curfew as a more suitable form of punishment. If she was still drinking, at least she could do it at home and stay indoors overnight.”

It may well be that the lady was given an alcohol treatment order, and perhaps a home detention curfew order, as well as the community service order. The community service would have been after the home detention curfew order had finished as that usually starts within a few days of the court appearance.
The alcohol treatment order would be fitted in around the availability of a course for that.
 

Derekward

Active member
I was surprised that the magistrate could rule out a custodial sentence before my actual sentence.

I am expecting a community order not sure what yet . I have not drank since the 14th October I vowed to myself never to drink again ( this is a good thing as my life was becoming stagnant)

I don’t have an addictive personality I’m just an idiot, the help with my anxiety and PTSD is something I’m grateful for . I go on Wednesday for my mental health assessment I’m hoping they will do something that actually helps and not offer more medication 💊

it seems the Docters answer to everything is to medicate people .

steve
 

Polly3

Well-known member
I was surprised that the magistrate could rule out a custodial sentence before my actual sentence.

I am expecting a community order not sure what yet . I have not drank since the 14th October I vowed to myself never to drink again ( this is a good thing as my life was becoming stagnant)

I don’t have an addictive personality I’m just an idiot, the help with my anxiety and PTSD is something I’m grateful for . I go on Wednesday for my mental health assessment I’m hoping they will do something that actually helps and not offer more medication 💊

it seems the Docters answer to everything is to medicate people .

steve
They can rule out custody as they will have decided, on the basis of what they had already heard, that this was not warranted . I know the assessment has delayed things, but this could be a real opportunity for you . Well done for not drinking . It’s good that you aren’t , as you say , an addictive personality, but I speak from experience when I say that adding alcohol into the mix of stress/ anxiety / any emotional problems rarely turns out well . From what you have said you are being treated positively : quite right too!
 

C J 1980

Well-known member
“There are times when mistakes are made. For example, when I did my community service (CS) in a local community centre, another lady also doing CS was clearly struggling with alcoholism and was too unwell to work.

She was a HRO on a second DUI. In my view, she should have perhaps being given a alcohol treatment programme or a home detention curfew as a more suitable form of punishment. If she was still drinking, at least she could do it at home and stay indoors overnight.”

It may well be that the lady was given an alcohol treatment order, and perhaps a home detention curfew order, as well as the community service order. The community service would have been after the home detention curfew order had finished as that usually starts within a few days of the court appearance.
The alcohol treatment order would be fitted in around the availability of a course for that.

Price

While I was doing my CS, I did speak to this woman and she claimed she was given X hours of CS and there was no home detention or alcohol referrals made.

I only worked with her a couple of times on the CS as she was struggling both mentally and physically with her various problems and became too unwell to continue.

I just thought it was very sad scenario for her and little surprising that someone so poorly was put on a CS placement.

CJ
 

Derekward

Active member
CJ you was there and seen first hand the impact these things have other people !

good to see you care

it’s all good just hope that lady has found a way to cope . We do tend to talk about our struggles and other people’s struggles on here ,

glad ur pulled through inscathed

some people need specialist help but sometimes this is passed over

god bless steve
 

Derekward

Active member
Pricey is very logical and seems to only want the best for people ( unfortunately not always the case)

ie first people need the want to help themselves I’ve never seen what mental health assessment are for I’m guessing to see the best way forward to help people .

derek
 

Polly3

Well-known member
Pricey is very logical and seems to only want the best for people ( unfortunately not always the case)

ie first people need the want to help themselves I’ve never seen what mental health assessment are for I’m guessing to see the best way forward to help people .

derek
That is exactly correct . It is something that is positive and it indicates that the Court are looking to help someone avoid further problems 😀
 
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