Social Enquiry Reports
What is a court report?
The Sheriff or Justice of the Peace only
sees you for a few minutes in court and will make very serious
decisions about your life. That is why they often ask for a
"background report" to help them decide what to do. A Social
Enquiry Report has to be prepared every time a person between
16 and 21 years of age is in danger of a prison sentence, and also
when someone older is facing a prison sentence for the first
time.
What is in the report?
The report will include details about:
- your background;
- your present family circumstances;
- matters which relate to your present offence;,
- any previous offences you may have committed;
- our assessment of the chances of you re-offending ro causing
serious harm.
It will also have information about any supervision, Probation or Community Service Orders you are doing now or
have done in the past.
How is the report prepared?
A Social Worker writing the report will talk to you at
least once. During the interview they will talk to you about:
- Your family background and how this relates to your present
situation;
- Your current employment situation;
- Your state of health - including any medical practitioners with
whom you may be involved;
- Your use of drugs and/ or alcohol, and the way in which they
may relate to your offending;
- Your present living arrangements;
- Your understanding of the offence and its
consequences;
- They will also tell you about the different ways in
which the court can dispose of your case, e.g. Community Service Orders, Probation Orders, etc.;
- The options which we may consider recommending to the
court;
- The risk assessments concerning likelihood of you re-offending
and how our recommendation to court may reduce the likelihood of
this happening.
We will keep your report strictly confidential and only
you, your solicitor, the Procurator Fiscal, the court clerk and the
Sheriff can see it. Sometimes sections may be read out in
court. You can tell your solicitor and the court Social
Worker if there are any parts you wish to remain confidential.
What happens in Court?
When you go back to court your solicitor will get a copy of the
report. Ask the court Social Worker or the Clerk of Court to
see a copy if you don't have a solicitor.
If you disagree or don't understand any of the information in the
document speak to your solicitor or the court Social Worker
immediately.
After the Court Hearing
If you are not sure what the court has decided, speak to your
solicitor or the court Social Worker. If you are sentenced to
a Probation or Community Service Order you must see the
court Social Worker before leaving the court. They will tell
you what to do next. You should also make telephone
contact with the Criminal Justice Service (telephone 01738 444244)
within 24 hours or any order the court imposes.
