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Pre-Sentence Reports and Magistrates

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flymo50 | 15:06 Fri 02nd Mar 2007 | Criminal
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After a Pre-sentence report a probation officer suggests a sentence to the magistrates.

Does anyone know how often they follow the suggestion?

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not sure such statistics exist. more often then not but then also there might be the best report in the world and they still send to prison.
The magistrates all tend to try to follow sentencing guidelines , if the report is along these lines , it generally follows that the report would be accepted .But they can and somtimes do follow their own sentences ,having giving reasons for doing so.
When the probation service is asked to prepare a report, the bench asking for the report has already given an indication of the likely sentence. Once the report is prepared, the sentencing bench would have to given reasons for departing from the wishes of the first bench. It is generally excepted that the sentence would not become more severe than indicated by the first bench, but could be reduced slightly if new information was uncovered by the report.

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Pre-Sentence Reports and Magistrates

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