How often are pre sentence reports followed by judges in the magistrates court ?

[MB2711]

In my psr they recommended a community order although my solicitor told me that a custodial sentence is a possibility. Is it known that magistrate judges follow the report recommendation or are they well known to go completely against it ? Thanks
UK answers please

[New Judge]

When magistrates or judges ask the probation service to prepare a PSR they usually (though not always) give an indication of the type of sentence they are considering. If this indication is custody the probation service will provide non-custodial options (provided the offence is not one where custody is inevitable) for consideration. These options may include community based sentences, or suspended sentences with community based “requirements attached.

Judges and magistrates are under no obligation to go along with such proposals in the report as the matter of sentencing rests entirely with them. However they should say in open court when sentencing why the various alternatives have been rejected.

[MB2711]

Thank you for your answers. In practice do magistrates tend to go along with the recommendation in the report or do they tend to go against it ?

[New Judge]

They tend to go along with it unless those recommendations are contrary to the sentence they had in mind when asking for the report. the probation service almost always provides alternatives to custody even if the magistrates made it clear that prison was the likely outcome. More important than the report itself is the magistrates' indication of the likely sentence when they asked for the report.

[MB2711]

I was not told by my solicitor or by probation what sentence the magistrates had indicated. They made me of the three possible outcomes custodial, suspended and community sentences and had a report wrote recommending a community sentence. Does this mean that the magistrates did not indicate any type of sentence and will be likely to go with the PSR ?

[New Judge]

The PSR is provided to help the Magistrates or judge in sentencing. It will provide information about how the defendant will respond to the various options. It is not intended to influence sentencing or to replace the sentencing exercise.