Does the pre-sentence report carry weight in the sentencing process and does it uphold the principles of the rule of law?

Abstract

Applying the rule of law at every stage of the criminal justice process is fundamental to our criminal justice system and to our social contract. There are indications that the rule of law may be being forgotten, ignored or breached within the criminal justice system, producing what appear to be unfair outcomes which further marginalise particular sectors of society. An examination of Pre-Sentence Reports, as one small but important part of the criminal justice process, and the sentencing process in particular, will assist in testing and establishing whether assumptions about inequality in the sentencing process are justified.