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Recommending Sentence — N.Z. Probation Officers' Pre-Sentence Reports

Recommending Sentence — N.Z. Probation Officers' Pre-Sentence Reports AUST. & N.Z. JOURNAL OF CRIMINOLOGY (December, 1973): 6, 4 Recommending Sentence- N.Z. Probation Officers' Pre-Sentence Reports R. E. GIBSON* IT HAS been commented that a decision to sentence was once a simple matter; the outcome was determined largely by the nature of the offence and by the ottender's record of previous convictions. All this has altered. The Courts are increasingly concerned with the future conduct of an offender as well as with his present situation. The objectives are thus widened to both punish, and yet control a person's future behaviour in the interests of both society and the offender himself. The function of the Court is thus often blurred.! The Streatfield Report (1961) asserted as a cardinal principle that 'a sentence should be based on comprehensive and reliable information which is relevant to the objectives in the Court's mind.? New Zealand, however, made many years ago provision for a Probation Officer's Pre­ Sentence Report being made available to the Courts as a means of assist­ ing the latter in determining sentence. The Criminal Justice Act, 1954, states that: "A probation officer may, and shall when so required by the Court, report to the Court on the character and http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Australian & New Zealand Journal of Criminology SAGE

Recommending Sentence — N.Z. Probation Officers' Pre-Sentence Reports

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Publisher
SAGE
Copyright
Copyright © by SAGE Publications
ISSN
0004-8658
eISSN
1837-9273
DOI
10.1177/000486587300600404
Publisher site
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Abstract

AUST. & N.Z. JOURNAL OF CRIMINOLOGY (December, 1973): 6, 4 Recommending Sentence- N.Z. Probation Officers' Pre-Sentence Reports R. E. GIBSON* IT HAS been commented that a decision to sentence was once a simple matter; the outcome was determined largely by the nature of the offence and by the ottender's record of previous convictions. All this has altered. The Courts are increasingly concerned with the future conduct of an offender as well as with his present situation. The objectives are thus widened to both punish, and yet control a person's future behaviour in the interests of both society and the offender himself. The function of the Court is thus often blurred.! The Streatfield Report (1961) asserted as a cardinal principle that 'a sentence should be based on comprehensive and reliable information which is relevant to the objectives in the Court's mind.? New Zealand, however, made many years ago provision for a Probation Officer's Pre­ Sentence Report being made available to the Courts as a means of assist­ ing the latter in determining sentence. The Criminal Justice Act, 1954, states that: "A probation officer may, and shall when so required by the Court, report to the Court on the character and

Journal

Australian & New Zealand Journal of Criminology – SAGE

Published: Dec 1, 1973

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