Professional reports for sentencing courts: recommendations for reporting on child exploitation material offenders’ risk of recidivism and prospects for rehabilitation

Abstract

Denunciation and general deterrence are major objectives of sentencing those who are convicted of possessing or distributing child exploitation material in Australia (CEM offenders), but courts also strive to achieve specific deterrence. To this end, courts tend to rely on professional reports as evidence of risk of reoffending and prospects for rehabilitation. After outlining matters that courts consider when sentencing CEM offenders, we discuss key empirical findings concerning CEM offenders’ risk of recidivism, and then evaluate two approaches for assessing this risk: actuarial assessments; and structured professional judgment. We recommend that professional reports prepared for sentencing reflect current research findings regarding risk of recidivism amongst CEM offenders and that the structured professional judgment approach is used. We also recommend that matters which inform offenders’ risk of recidivism and their prospects for rehabilitation be reported separately.