National Objectives for Social Work Services in the Criminal Justice System: Standards - Social Enquiry Reports and associated Court Services
CHAPTER 6: PROCEDURES FOR PROVIDING REPORTS
Requests for Reports
6.1The court requests a report through the clerk of court. Social work authorities must arrange with the clerk to pass these requests to court social work staff together with the background information identified at para 2.1. The request must be passed on the day it is made or at the latest on the next working day.
6.2Cases must be allocated to report writers no later than 2 working days after the request has been received by the social work department.
6.3The social worker must begin to prepare the report as soon as possible after it has been allocated. This should help to allow sufficient time to obtain the SCRO record, examine the relevant background information, make any necessary enquiries, carry out interviews, write the report and ensure that the offender is aware of its contents.
6.4The social work authority must arrange with other agencies to ensure that report writers receive any other necessary background information as soon as possible after the court has requested the report.
6.5A new report is always required unless one has been prepared within the last 3 months and there have been no significant changes to the offender's circumstances. Where this is the case, the existing report can be submitted along with a supplementary report focussing on the current offending behaviour.
6.6Social workers preparing reports will normally write to offenders to let them know where and when they will be interviewed and to provide information about the purpose of the interview. When offenders are remanded in custody, it may not always be possible to specify the time of interview but it is good practice nevertheless to write to offenders wherever possible, to make contact, to provide written information about the purpose of the report and to give an indication of when the interview may be held.
Completed Reports
6.7To get the most out of reports, judges need time to read them. Reports must therefore reach the clerk of court by midday on the working day before the court hearing or, if possible, sooner unless an alternative arrangement is agreed between the clerk of court and the local social work authority.
6.8If social enquiry report writers intend to be present at the hearing to speak to their reports they should let the court social work staff know when they submit their reports.
6.9Whilst a report is in preparation, social enquiry report writers should discuss its contents with the offender including any conclusions about the feasibility of possible sentencing options. It is the clerk of court's responsibility to ensure that the offender or his or her agent and the procurator fiscal have a copy of the report at court.
6.10There may be occasions where the report writer may wish to ask the court for more time to complete a report eg where a further assessment is required or where a particularly complex action plan is being negotiated.
6.11Authors of reports must always attend when the court requests or requires it. They should also attend to explain a complex or unusual action plan which forms part of a sentencing proposal.
6.12In most cases, report writers do not need to attend the court. They do however need to brief court social work staff on any issues which may arise and court social work staff should be prepared to deal with any questions or queries about a report from the bench.
6.13In the interests of justice, no social work authority staff member should discuss the content of individual reports with judges in private before the court hearing. Any such discussion should be in public so that the subject of the report, his or her defence agent and the procurator fiscal can hear what is said and take part in any discussions.