Cross Border Court report allocation: MoU and Guidance
June 2026
Recently, a working group involving Social Work Scotland, Scottish Government, Scottish Courts and Tribunals Service, Crown Office Procurator Fiscal Service and Community Justice Scotland worked with His Majesty’s Prison and Probation Service and His Majesty’s Courts and Tribunals Service to develop this Memorandum Of Understanding (MoU) and associated guidance for cross border court reports and community orders.
The MoU provides a clear process to clarify whether the Probation Service or a justice social work team are responsible for producing a pre-sentence report (PSR) ordered by a court in England & Wales, or a justice social work report (JSWR) ordered by a court in Scotland, and the operational process to produce the report. The arrangements for PSR/JSWR allocation and guidance on corresponding requirements will be communicated to court staff in His Majesty’s Courts and Tribunals Service and Scottish Courts and Tribunals Service, justice social work teams and the judiciary in England, Wales and Scotland.
The MoU is accompanied by legal guidance on the corresponding community requirements in Scotland to assist PSR/JSWR recommendations which has been provided to the judiciary in Scotland, England & Wales for clarity in cross border cases.
