Legal Matters: Your Pre-Sentence Report
So you have gotten yourself into a bit of a bother with the law, and your solicitor thinks that a pre-sentence report would be a good idea.
Rule #1 is do not procrastinate. If you put things off, you may sabotage your matter by not allowing enough lead time to get things done. “What things?” you might ask. It’s a fair question, so here is what goes into such a report, so you can plan for it.
What is Involved in your Pre-Sentence Report?First of all, you will require the finance to have your pre-sentence report prepared – and usually you will be expected to pay a retainer before work can begin, with either later retainers or the balance due prior to delivery.
A psychologist is more likely to give you a ballpark quote than a definite figure, unless your matter is fairly straightforward. Think about it this way: a plumber can quote almost to the dollar what a job will cost, and that is what it will cost, unless it involves possible damage to pipes inside the walls or underground that can’t be seen from the outside. In that case, you can go with the quote, and leave the damage, or pay extra to get the underground pipes fixed.
A psychologist may have a fairly standard set of tests that will form the assessment part of your report, which have a “usual price”. There may be other more specialised ones required as well, depending on the circumstances. For a simple charge with minimal documents to review, an accurate time to review and write up is possible.
However, when provided with a mass of court documents that themselves will take much time to review, make notes upon, and connect to the (as-yet unknown) results of your testing, it is much more difficult. This is where we can compare to a plumber or electrician finding unforeseen problems “behind the scenes,” as it were.
The Cost of a Pre-Sentence Report
The cost of a report may range from a few hundred to a few thousand dollars, and not all psychologists will take on the job. Others will not look at anything that would bill under a few thousand dollars, and may have a base fee no matter what size the job.
The fees recommended by the Australian Psychological Society are guidelines only, and specialists may charge much higher. Fees will also apply to court appearances, if required after the report has been filed. There is no guarantee at any point that Legal Aid will help with the cost, until they have agreed to pay some proportion (or all) of a quoted price. If costs exceed that estimate, you will be responsible for the balance.
There is also the matter of expert witnesses being required to make such inquiries as may be necessary to settle questions that arise in their minds about your report. This may be known before the fact, or it may be something that has to be done after the question arises, either out of the testing or your legal documents or your general history. This is where things differ from the plumber. A plumber may leave you with poor drainage because that wasn’t part of the job in the first place, and if you’re not willing to pay to have it done, you have to live with whatever the consequence is of not fixing the problem.
An expert witness cannot leave that job un-done, because it is part of the code of conduct to make that inquiry if at all possible. Now there may be an inquiry that the psychologist deems relevant, but that you disagree with. Suppose the expert wants to discuss a matter with your ex-partner, or talk to a past therapist, but you decline to provide contact details and obstruct that inquiry. The report then must ethically contain a note saying that the expert deemed the inquiry relevant, but was stonewalled in pursuing it. Words to that effect will have to appear in your report, and will tend to undermine the conclusions that the expert is trying to draw. Remember, the reporter has a duty to the court that trumps any duty to clients who might be paying the bill!
Pre-Sentencing Reports Take Time
A big factor in completing a report is time. A week before sentencing is not the time to be looking for a psychologist! As soon as your solicitor says “get a report”, start looking for someone who does assessments and court reports.
If you are already seeing a psychologist for issues related to the offense, then a treating psychologist’s report can be commissioned to inform the court – however the psychologist needs to be willing to do this, and needs to be aware of the expectations of an expert witness. Ordinarily the fees for such a report will be at a much higher hourly rate than treatment fees, and will not be reimbursed in any way by Medicare. In court, the treating psychologist has the advantage of knowing you very well (if you have had enough sessions, of course), but the disadvantage is that “the other side” may depict your psychologist as as someone motivated to keep you on the outside – as a paying client.
If you are not seeing a psychologist for treatment (or if you are and your solicitor wants a truly independent report), then you will have to be interviewed fairly extensively, and provide all relevant documents about criminal history, past psychological treatment, past and current domestic or apprehended violence orders, and so on. Most importantly, you will have to complete some lengthy questionnaires, which are the best tools available for making valid statements about the personality and psychological problems of someone that the psychologist doesn’t know well from a long association.
Your report-writing expert has been taught from early on in their career that what is said in court must be justifiable on the basis of scientific research. The tests you complete have been done by thousands of people in dozens or even hundreds of studies. These studies show that they really do give a good picture of some aspect of your personality or general psychological profile, and are more accurate than just “clinical judgement.”
These tests also usually contain some sub-tests that reveal when someone is faking bad or faking good, or otherwise responding incorrectly or inappropriately. That is why responding honestly to all questions is absolutely essential. You don’t want to pay a fortune for a report that is “inconclusive,” because “Mr. Bloggs appeared to be responding in a socially desirable way, exaggerating his good qualities beyond a believable level.”
You may be worried that specific answers to some questions might somehow incriminate you, however, the odds of this are very remote. This is because your psychologist has an ethical duty to protect the test from being published, because public knowledge of the items could make the test useless. As well, asking about specific items can be part of a huge “fishing expedition” that makes no sense from a psychological point of view, because the individual items are not really indicators of much at all, except when combined with the other items on the scale. (In sentencing, there is also simply no time to explore that level of detail, as you have already registered a conviction).
For these reasons, your psychologist will object to any such request as a matter of course, and most prosecutors know not even to bother trying because “protecting test security” and “avoiding fishing expeditions” are strong reasons not to go down that path. The test results are combined from many items, and the score says what the test’s manual says it says – end of discussion.
Even if there are some weaknesses amongst your strengths (and there almost surely will be), a balanced picture of both will be believed by the Court more than either a “saintly” portrait or a “hatchet job.” A good balanced report will in all probability link some aspects of your charges to psychological problems that you do, in fact, have to deal with. Even if your report does not gain you a non-custodial sentence, the psychological care that you get inside may well be more effective and help you to adapt to life after prison, so as not to repeat the past.
So to sum up: plan ahead, expect expenses, give full disclosure, answer honestly and be prepared for an honest appraisal based on the best available tools.
Someone once joked that people go to psychics to be told what they want to hear, and to psychologists to be told what they don’t want to hear. As with much humour, there is a large grain of truth in it. Learning to accept your problems and quirks and find better ways forward is the key to rehabilitation. Your parole hearing board will want you to be able to speak that language, so your report is not just a tool in your legal battle. It can be a road map to rehabilitation, through understanding how you got where you are in the first place!
Dr. Travis Gee , B Psych (Hons), MA (Psych), PhD (Psych).
Dr Travis Gee is a senior psychologist with a wealth of experience in the areas of forensic psychology, family therapy, and counselling for men – particularly divorcing fathers. A former researcher at the Research Branch, Correctional Service of Canada, he is familiar with a range of tools for assessing mental health issues in the legal context. Dr Gee has worked with many individuals, families and children affected by separation issues, and given presentations on aspects of false allegations related to False Memory Syndrome, an area he specialised in whilst completing his PhD.
Current Availability: Usually within two weeks, earlier if cancellations come up.
Fees: Please use the contact form below to inquire about current fees. Reports and psycho-legal work are billed at higher rates, please inquire with Dr Gee. Medicare rebates available with GP referral on Mental Health Care Plan. Check with your private insurer for coverage for psychological services outside of Medicare.
Practice Locations:
2 Noogie St. Macleay Island.
Appointments: To make an appointment please use the contact form below.
So you have gotten yourself into a bit of a bother with the law, and your solicitor thinks that a pre-sentence report would be a good idea.
Rule #1 is do not procrastinate. If you put things off, you may sabotage your matter by not allowing enough lead time to get things done. “What things?” you might ask. It’s a fair question, so here is what goes into such a report, so you can plan for it.
What is Involved in your Pre-Sentence Report?First of all, you will require the finance to have your pre-sentence report prepared – and usually you will be expected to pay a retainer before work can begin, with either later retainers or the balance due prior to delivery.
A psychologist is more likely to give you a ballpark quote than a definite figure, unless your matter is fairly straightforward. Think about it this way: a plumber can quote almost to the dollar what a job will cost, and that is what it will cost, unless it involves possible damage to pipes inside the walls or underground that can’t be seen from the outside. In that case, you can go with the quote, and leave the damage, or pay extra to get the underground pipes fixed.
A psychologist may have a fairly standard set of tests that will form the assessment part of your report, which have a “usual price”. There may be other more specialised ones required as well, depending on the circumstances. For a simple charge with minimal documents to review, an accurate time to review and write up is possible.
However, when provided with a mass of court documents that themselves will take much time to review, make notes upon, and connect to the (as-yet unknown) results of your testing, it is much more difficult. This is where we can compare to a plumber or electrician finding unforeseen problems “behind the scenes,” as it were.
The Cost of a Pre-Sentence Report
The cost of a report may range from a few hundred to a few thousand dollars, and not all psychologists will take on the job. Others will not look at anything that would bill under a few thousand dollars, and may have a base fee no matter what size the job.
The fees recommended by the Australian Psychological Society are guidelines only, and specialists may charge much higher. Fees will also apply to court appearances, if required after the report has been filed. There is no guarantee at any point that Legal Aid will help with the cost, until they have agreed to pay some proportion (or all) of a quoted price. If costs exceed that estimate, you will be responsible for the balance.
There is also the matter of expert witnesses being required to make such inquiries as may be necessary to settle questions that arise in their minds about your report. This may be known before the fact, or it may be something that has to be done after the question arises, either out of the testing or your legal documents or your general history. This is where things differ from the plumber. A plumber may leave you with poor drainage because that wasn’t part of the job in the first place, and if you’re not willing to pay to have it done, you have to live with whatever the consequence is of not fixing the problem.
An expert witness cannot leave that job un-done, because it is part of the code of conduct to make that inquiry if at all possible. Now there may be an inquiry that the psychologist deems relevant, but that you disagree with. Suppose the expert wants to discuss a matter with your ex-partner, or talk to a past therapist, but you decline to provide contact details and obstruct that inquiry. The report then must ethically contain a note saying that the expert deemed the inquiry relevant, but was stonewalled in pursuing it. Words to that effect will have to appear in your report, and will tend to undermine the conclusions that the expert is trying to draw. Remember, the reporter has a duty to the court that trumps any duty to clients who might be paying the bill!
Pre-Sentencing Reports Take Time
A big factor in completing a report is time. A week before sentencing is not the time to be looking for a psychologist! As soon as your solicitor says “get a report”, start looking for someone who does assessments and court reports.
If you are already seeing a psychologist for issues related to the offense, then a treating psychologist’s report can be commissioned to inform the court – however the psychologist needs to be willing to do this, and needs to be aware of the expectations of an expert witness. Ordinarily the fees for such a report will be at a much higher hourly rate than treatment fees, and will not be reimbursed in any way by Medicare. In court, the treating psychologist has the advantage of knowing you very well (if you have had enough sessions, of course), but the disadvantage is that “the other side” may depict your psychologist as as someone motivated to keep you on the outside – as a paying client.
If you are not seeing a psychologist for treatment (or if you are and your solicitor wants a truly independent report), then you will have to be interviewed fairly extensively, and provide all relevant documents about criminal history, past psychological treatment, past and current domestic or apprehended violence orders, and so on. Most importantly, you will have to complete some lengthy questionnaires, which are the best tools available for making valid statements about the personality and psychological problems of someone that the psychologist doesn’t know well from a long association.
Your report-writing expert has been taught from early on in their career that what is said in court must be justifiable on the basis of scientific research. The tests you complete have been done by thousands of people in dozens or even hundreds of studies. These studies show that they really do give a good picture of some aspect of your personality or general psychological profile, and are more accurate than just “clinical judgement.”
These tests also usually contain some sub-tests that reveal when someone is faking bad or faking good, or otherwise responding incorrectly or inappropriately. That is why responding honestly to all questions is absolutely essential. You don’t want to pay a fortune for a report that is “inconclusive,” because “Mr. Bloggs appeared to be responding in a socially desirable way, exaggerating his good qualities beyond a believable level.”
You may be worried that specific answers to some questions might somehow incriminate you, however, the odds of this are very remote. This is because your psychologist has an ethical duty to protect the test from being published, because public knowledge of the items could make the test useless. As well, asking about specific items can be part of a huge “fishing expedition” that makes no sense from a psychological point of view, because the individual items are not really indicators of much at all, except when combined with the other items on the scale. (In sentencing, there is also simply no time to explore that level of detail, as you have already registered a conviction).
For these reasons, your psychologist will object to any such request as a matter of course, and most prosecutors know not even to bother trying because “protecting test security” and “avoiding fishing expeditions” are strong reasons not to go down that path. The test results are combined from many items, and the score says what the test’s manual says it says – end of discussion.
Even if there are some weaknesses amongst your strengths (and there almost surely will be), a balanced picture of both will be believed by the Court more than either a “saintly” portrait or a “hatchet job.” A good balanced report will in all probability link some aspects of your charges to psychological problems that you do, in fact, have to deal with. Even if your report does not gain you a non-custodial sentence, the psychological care that you get inside may well be more effective and help you to adapt to life after prison, so as not to repeat the past.
So to sum up: plan ahead, expect expenses, give full disclosure, answer honestly and be prepared for an honest appraisal based on the best available tools.
Someone once joked that people go to psychics to be told what they want to hear, and to psychologists to be told what they don’t want to hear. As with much humour, there is a large grain of truth in it. Learning to accept your problems and quirks and find better ways forward is the key to rehabilitation. Your parole hearing board will want you to be able to speak that language, so your report is not just a tool in your legal battle. It can be a road map to rehabilitation, through understanding how you got where you are in the first place!
Dr. Travis Gee , B Psych (Hons), MA (Psych), PhD (Psych).
Dr Travis Gee is a senior psychologist with a wealth of experience in the areas of forensic psychology, family therapy, and counselling for men – particularly divorcing fathers. A former researcher at the Research Branch, Correctional Service of Canada, he is familiar with a range of tools for assessing mental health issues in the legal context. Dr Gee has worked with many individuals, families and children affected by separation issues, and given presentations on aspects of false allegations related to False Memory Syndrome, an area he specialised in whilst completing his PhD.
Current Availability: Usually within two weeks, earlier if cancellations come up.
Fees: Please use the contact form below to inquire about current fees. Reports and psycho-legal work are billed at higher rates, please inquire with Dr Gee. Medicare rebates available with GP referral on Mental Health Care Plan. Check with your private insurer for coverage for psychological services outside of Medicare.
Practice Locations:
2 Noogie St. Macleay Island.
Appointments: To make an appointment please use the contact form below.