‘Pre-Sentence Reports (“PSRs”) are a crucial part of the sentencing process. They are often the deciding factor in a finding of dangerousness, or whether a custodial or community sentence is more suitable. But what is the position for a client when the PSR author raises unfounded allegations as evidence of previous offending? What grounds of objection do you have, as Defence counsel, when a Prosecutor invites the judge to rely on unfounded allegations in their assessment of dangerousness? As a Prosecutor, what are the limits to material you can put before the judge? This article, by Charlie Myatt and Eliza Harris, sets out the parameters of section 308(d) of the Sentencing Act 2020 (“SA 2020”). It considers the extent to which a judge can consider unproven allegations, matters on which no further action (NFA) has been taken, acquittals, and police intelligence in their assessment of dangerousness, and in wider sentencing considerations.’
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Drystone Chambers, 8th April 2025
Source: www.drystone.com