Sentence Assessment Reports (SARs)

A “Sentence Assessment Report” (also known as “SARs”) is a report prepared by a Community Corrections Officer or Juvenile Justice Officer from the Department of Community Corrections to assist Magistrates and Judges with determining the appropriate sentence for an offence.  

The Crimes (Sentencing Procedure) Act 1999 (“The Act”) in Division 4B contains the relevant sections on Sentence Assessment Reports. 

What is the Purpose of a Sentence Assessment Report?

The purpose of a Sentence Assessment Report is to assist a sentencing Court to determine the appropriate sentencing options and conditions to impose on the offender. 

The Court will usually order a sentence assessment report for offences that are serious in nature, where there is a risk of full-time imprisonment, where a person has a significant criminal record, to consider the availability of an intensive corrections order or to consider the offender’s ability to comply with a community service condition or home detention condition.

A ‘duty’ sentence assessment report (“duty SAR”) is a report prepared by Community Corrections on the day a person is being sentenced. These reports involve the offender attending an interview with a Community Corrections Officer and the officer preparing the report to be used by the sentencing Magistrate or Judge later during the Court Day. 

A ’full’ sentence assessment report involves a person’s matter being adjourned for 6 weeks to allow the Department of Community Corrections to do a more comprehensive interview with the offender and any relevant parties and to prepare a detailed report to provide to the sentencing Court.  

What Does the Court Do with the SAR?

When an assessment report is ordered a copy will be made available to the sentencing Magistrate or Judge. While the Court must have regard to the sentence assessment report, the Court is not bound by or locked into the findings of the report except in limited circumstances:  

• When making a home detention condition – That the SAR finds the offender suitable for a home detention condition,  
• When making a community service condition – That the SAR finds the offender suitable to undertake community service as a part of their sentence.

When is a Sentence Assessment Report Required?

The Act provides that a sentencing Court may order a Sentence Assessment Report at any of the following times:

• After finding an offender guilty and before sentence is imposed, 
• During sentencing proceedings after a sentence of imprisonment has been imposed, 
• During proceedings to impose, vary, revoke an additional or further condition on a community corrections order or conditional release order, 
• During proceedings to correct a sentencing error, 
• During proceedings to re-sentence an offender after a Court has revoked the offender’s community corrections order or conditional release order, 
• During proceedings to determine an appeal against sentence, 
• Any times prescribed by the regulations. 

There are certain sentencing options and conditions that cannot be ordered unless a Sentence Assessment Report has been prepared including:

• An Intensive Corrections Order – Section 17D(1) of the Act requires the Court must not make an intensive corrections order unless it has obtained a sentence assessment report or unless satisfied the Court has sufficient information to justify the making of an intensive corrections order without a report.
• A Home Detention condition on an Intensive Corrections Order – Section 17D(2) of the Act states that the Court must not impose a home detention condition on an intensive corrections order unless it has obtained a sentence assessment report.
• A Community Service Work condition – Section 17D(4) of the Act states that the Court cannot impose a community service work condition unless it obtains an assessment report relating to the imposition of that condition on the offender.  

What Will I Be Asked During the Sentence Assessment Report Interview?

A person will be asked a range of questions by the Community Corrections Officer during their interview for an assessment report. These questions may include topics such as:

• The offence(s) committed, 

• The offender’s criminal record and prior offences (if any), 

• The offender’s attitude to and insight into their actions and offending behaviour, 

• The offender’s risk of reoffending, 

• Whether the offender has been subject to supervision in the past and if so the degree of compliance with previous orders, 

• Whether the offender will benefit from supervision and the likelihood of Community Corrections suspending supervision, 

• The willingness and availability for the offender to participate in community service work, 

• The offender’s health, mental health and any current treatments, 

• The offender’s financial circumstances, 

• The offender’s relationship with addictions including drugs, alcohol and gambling. 

Legislation: