The Influence of Pre-Sentence Reports on Sentencing in a District Court in New Zealand

Abstract

Research in England, USA and Australia has found that pre-sentence reports may produce gender and race biases which can have a direct effect on sentencing, thus contributing to the over-representation of black and indigenous offenders and the under-representation of women in the criminal justice system. Since 1985 in New Zealand, pre-sentence reports have become an increasingly important feature of the criminal justice system because of expanded community-based penalties which are administered by the Probation Service and for which a fuller report is required. This paper examined the use of the pre-sentence report in the sentencing process in the Wellington District Court to establish if gender and race biases were evident. A sample of 152 pre-sentence reports were examined and the major findings did not agree with previous research. In terms of race, few differences were found between the way in which Maori (New Zealand's indigenous people) and Pakeha (European New Zealanders) were dealt with in this court. However, significant gender differences were apparent in the choice of community-based sentence imposed.