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British Journal of Criminology Advance Access published online on August 19, 2008

British Journal of Criminology, doi:10.1093/bjc/azn055
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The British Journal of Criminology 0:azn055 (2008)
© The Author 2008. Published by Oxford University Press on behalf of the Centre for Crime and Justice Studies (ISTD). All rights reserved. For permissions, please e-mail: journals.permissions@oxfordjournals.org

Assisting and Advising the Sentencing Decision Process

The Pursuit of ‘Quality’ in Pre-Sentence Reports

Cyrus Tata*, Nicola Burns, Simon Halliday, Neil Hutton and Fergus McNeill

* Centre for Sentencing Research, Law School, Strathclyde University, Glasgow G4 OLT, Scotland, UK; Cyrus.Tata{at}strath.ac.uk. Nicola Burns, Department of Sociology, Anthropology, and Applied Social Science, Glasgow University; Simon Halliday, Law School, Strathclyde University, Scotland; and Law School, UNSW, Australia; Neil Hutton, Centre for Sentencing Research, Strathclyde University; Fergus McNeill, Scottish Centre for Crime & Justice Research, University of Glasgow and Glasgow School of Social Work.


   Abstract

Pre-sentence reports are an increasingly prevalent feature of the sentencing process. Yet, although judges have been surveyed about their general views, we know relatively little about how such reports are read and interpreted by judges considering sentence in specific cases, and, in particular, how these judicial interpretations compare with the intentions of the writers of those same reports. This article summarizes some of the main findings of a four-year qualitative study in Scotland examining: how reports are constructed by report writers; what the writers aim to convey to the sentencing judge; and how those same reports are then interpreted and used in deciding sentence. Policy development has been predicated on the view that higher-quality reports will help to ‘sell’ community penalties to the principal consumers of such reports (judges). This research suggests that, in the daily use and interpretation of reports, this quality-led policy agenda is defeated by a discourse of judicial ‘ownership’ of sentencing.


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