How often do Magistrates follow probations suggestion?

Question

After a Pre-sentence report a probation officer suggests a sentence to the magistrates.

Does anyone know how often the follow the suggestion?

Cheers.

Answer 1

Most of the times.

Answer 2

They often give an indication to the probation officer such as "all options open" or "we're considering a community sentence". It is good sentencing policy for the trial bench (or at the very least one representative of it) to return to court to sentence. In fact, if there isn't any member of the trial bench present, the matter will probably be adjourned until there is. Having requested a report in the first place, the magistrates will feel some kind of commitment to respecting its directions. By so doing they are covering themselves in case of an appeal against sentence and they are avoiding conflict between themselves (it can often be quite difficult for three disparate individuals to agee on such a matter). Moreover, if only one of the trial bench is present, it is easier for the magistrates who did not hear the case to concur.

Answer 3

Thats an interesting question, which I would imagine could be answered by using the Freedom of Information Act.

I did, once upon a very long time ago have a recommendation for a community service order but they just gave me a small fine instead. Its if you get an 'all options' recommendation you should be concerned, cos the oficer is effectively saying you should go to jail.

Anyway, I hope the outcome is the right outcome

Answer 4

Most Magistrates come from backgrounds that make them incapable of seeing real life, so it's a difficult one, bit like a politician, have no idea what happen's in the real world and make rules for everyone. Wish all the best.

Answer 5

Most times I'd imagine otherwise what's the point in having the probation report at all.

Answer 6

Hey, if you can wait until the end of March I'll give you an answer, My dad gets back from holiday then, and he's a magistrate. I'll ask him!