Is pre sentence report mandatory?
The requirement of Pre-sentence report is mandatory in case of offenders who are below the age of 21 years but not considered fit for release on probation under Section 6 (2) of the Act.
Does age matter in sentencing?
Increasingly, judges are considering the age of the offender when determining the sentence he shall serve. Age tends to be a mitigating factor in cases in which offenders are particularly elderly or young. Due to their advanced or minor age, such offenders typically receive lighter sentences.
Do judges follow pre-sentence reports?
Conclusions. The author of the pre-sentence report will recommend what they think is the appropriate sentence. However, the final decision is always with the Judge or Magistrates. They do not have to follow the recommendation of the report.
Is a pre-sentence report a good thing?
A pre-sentence report is intended to give the sentencing court some understanding as to why you committed the offence, how you feel about it now, and what your background, family and work circumstances are. Using this information, the court will decide the most appropriate sentence to give you.
Can an 80 year old go to jail in South Africa?
Crime and punishment has no age limit. There is no guaranteed reprieve for the oldest members of society if they kill, hurt or violate others in the community. They may be frail or sick, but if the justice system rules them able to face a custodial sentence, they may have to live out their final years behind bars.
Can a pre-sentence report have an impact on your sentence?
It’s important that the defense make the presentence report appear as favorable to the defendant as possible, because the report is likely to have a significant impact on the judge’s sentencing decision.
Who is entitled to a copy of a pre-sentence report?
The people who see the report are: you, your solicitor, your barrister (if you have one), the prosecution, the judge or magistrates, the court clerk and probation officers. You will be allowed an opportunity to read through your report before the sentencing hearing.
What happens in a pre-sentence investigation?
A presentence investigation report (PSIR) is a legal term referring to the investigation into the “legal and social background” of a person convicted of a crime before sentencing to determine if there are extenuating circumstances which should lighten the person’s sentence or a history of criminal behavior which should …
What is the oldest age to go to jail?
Released in 2011 at the age of 108, Brij Bihari Pandey is the oldest prisoner ever in the world. Although Pandey technically only served a two-year sentence, he has been in jail since 1987 after he was arrested for the murder of four people.
What happens when prisoners get too old?
As elderly within the prison system are living longer (a worldwide trend for all elderly people), their medical expenses become greater; placing a financial burden on an already encumbered institution. It is costing more to incarcerate an elderly person than it would for them to provide for themselves.
What are the five elements of punishment?
Punishment has five recognized purposes: deterrence, incapacitation, rehabilitation, retribution, and restitution.