News · Criminal law explainer
What is a pre-sentence report in NSW?
Before some sentences, the court wants more information about the offender than it hears at the hearing. A pre-sentence report provides it. This note explains what a pre-sentence report is in New South Wales, what it contains, when the court orders one, and why how you engage with it matters.
By Aaron Kernaghan · Published 3 September 2026
A pre-sentence report is a report prepared for the court by Community Corrections before sentence. It sets out the offender's background, circumstances, risk, and suitability for community-based orders such as a community correction order or an intensive correction order. The court often orders one before imposing a sentence that requires assessment. It is influential, so how you engage with the assessment matters.
What is a pre-sentence report?
A pre-sentence report is a report prepared for the court by Community Corrections, part of Corrective Services, to assist the court in deciding the appropriate sentence. It is based on an interview with the offender and on the officer's assessment, and it gives the court a fuller picture of the person and their circumstances.
The report is a tool for the court. It is particularly important where the court is considering a community-based order, because it assesses whether the person is suitable for that order and can comply with its conditions.
What does it contain?
A pre-sentence report typically covers the offender's personal background, family and living circumstances, employment, health including any mental health or substance issues, their attitude to the offence, their risk of reoffending, and their suitability for particular orders. It may recommend the conditions that would suit the person.
For a community-based order, the report addresses whether the person is a suitable candidate and what supervision or programs would be appropriate. The court relies on it to know whether an order can realistically be made.
When does the court order one?
The court often orders a pre-sentence report before imposing a sentence that requires an assessment of suitability, such as an intensive correction order or a community correction order with particular conditions. The matter is adjourned for the report to be prepared, which takes some weeks.
Not every sentence needs one. For a simple fine or a section 10, a report is often unnecessary. It is used where the court needs to know more before choosing between options.
Why it matters and how to engage
The report is influential, because the court relies on it in deciding the sentence. A report that shows genuine insight, remorse, stable circumstances, and a willingness to engage with supervision and programs supports a community-based order and a better outcome. A poor engagement can count against the person.
So the assessment interview matters. Being honest, taking responsibility, and demonstrating the steps you have taken and are willing to take is important. Our note on working with counsel explains how the subjective case is prepared alongside the report.
Can you challenge a report?
The report is not the final word. It is a recommendation and an assessment, and the court makes the decision. If a report contains an error, or its assessment is disputed, the defence can address that at sentence and put the correct position, supported by other material such as references and expert reports.
So a report that is not favourable is not the end of the matter. It can be responded to. Our notes on character references and the sentencing factors explain the other material the court weighs.
Frequently asked.
What is a pre-sentence report?
A report prepared for the court by Community Corrections before sentence, setting out the offender's background, circumstances, risk, and suitability for community-based orders, based on an interview and assessment.
What does a pre-sentence report contain?
The offender's background, family and living circumstances, employment, health including any mental health or substance issues, attitude to the offence, risk of reoffending, and suitability for particular orders.
When does the court order a pre-sentence report?
Often before a sentence that requires an assessment of suitability, such as an intensive correction order or a community correction order with particular conditions. The matter is adjourned for the report to be prepared.
Why does the pre-sentence report matter?
Because the court relies on it in deciding the sentence. A report showing insight, remorse, stable circumstances, and willingness to engage supports a community-based order and a better outcome.
Can I challenge a pre-sentence report?
Yes. It is a recommendation, not the final word. If it contains an error or its assessment is disputed, the defence can address that at sentence and put the correct position with other material.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More criminal-law commentary by Aaron Kernaghan.
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