March of the FDR

Many people will be aware of the Pre Sentence Report and its place in the Criminal Justice System as a vital element in the sentencing process. Traditionally prepared by a Probation Officer either for Magistrates or Crown Courts, they've been around for years and can often significantly influence what sort of disposal is handed down. They have always represented substantial pieces of professional work and anyone who has experience of preparing them will know how much thought and skill is required to tell an often complicated story, provide meaningful analysis and a cogent and easily understood explanation for a particular course of action. This takes time of course, but over the years the time allowed has reduced from four to three weeks.

As I have previously described, the whole process has been made more bureaucratic, time-consuming and intellectually challenging by the introduction of OASys and the computer generated finished product. However at the very same time, various efforts have been made to speed the court process up and as a result the concept of the Fast Delivery Report has developed, having grown out of the verbal 'stand down' report of old. Management particularly like the idea because FDR's can be undertaken by PSO's at court on the day and so are not only quick, but considerably cheaper as well. Naturally courts have got to like them for the same reason, but the trouble is there's been considerable 'mission creep' in that they are now being used routinely for quite serious offences and have spread to the Crown Court.

It will be appreciated that an FDR is not the same as a full PSR, or Standard Delivery Report as they are increasingly being called. In my view the seemingly inexorable spread of the FDR is undermining the essential role and purpose of a PSR. In essence the FDR started out as a quick method of checking that an offender was suitable for a particular disposal, mostly Community Service. Then the remit widened to include other possible disposals, including checking what possible negative effects custody might have, a very bad development in my view. 

We now have a situation where Crown Court Judges are getting used to the idea of sentencing on quite serious offences on the basis of either an FDR prepared in less than five days, or on a quick interview at court on the day. Personally I'm appalled at where this is taking us as an FDR is simply not of the same quality or as comprehensive as a full PSR. Seemingly the only sentence that the Chief Presiding Judge is ruling out as capable of being imposed following an FDR is one of indeterminate Imprisonment for Public Protection. This is getting crazy - the PSR as a vital sentencing document is being completely undermined.

Also there seems to be a view growing up that a PSR is not required if a substantial period of imprisonment is inevitable. Again this is extremely worrying in my view and I would cite the following example of why it can be very unwise. It is certainly not untypical in my experience for a defendant to arrive at Crown on bail ready for a trial on a serious charge, possibly Rape, only to be encouraged to change his plea on the day to one of guilt to a lesser charge say of Indecent Assault. The Judge states that a PSR is not necessary as custody is certain and hands down say 5 years. Now, when the time comes for a probation officer to interview the prisoner say in order to assess him for SOTP or further down the line for Parole, he will deny culpability saying 'the only reason I pleaded guilty was because my brief told me to'.

Now, had the Judge requested a PSR, this line would not have been possible because an equivocal plea would not have been acceptable to the interviewing PO or indeed the court. The defendant would have had to admit commission of the offences for which he had entered the guilty plea and the report would have addressed the circumstances of the offences in some detail. On the other hand, without that discussion, months or years down the line the probation officer is more than likely going to be met with blanket denials or minimisation. As a result the interests of public safety are considerably compromised by the lack of a PSR. I would go further and say that the process of justice is being undermined by the ill thought out spread of FDR's.