Resolved Question Do magistrate judges usually sentence on the basis of what probation have written in their pre sentencreport ? I was convicted of common assault and today had a pre sentence report. In the pre sentence report probation have recommended that I be given either a community order or a suspended sentence.I am back at magistrates court next Thursday for sentencing. I was wondering how often do magistrate judges follow the recommended sentence in the pre sentence report and how often do judges completely go against it . UK answers only please Best Answer - Chosen by Voters The maximum sentence to common assault is 26 weeks imprisonment. As you've plead guilty (being that you have had a PSR I assume you must have) the maximum sentence will be reduced by a 3rd so that's 17 weeks. Anyway as for your question. Its unusual for magistrates to completely go against a pre-sentence report. Have the probation service said whether they recommend a low, medium or high length community order? If its high (i.e. approaching 3 years) then it wouldn't be huge leap for a magistrate to decide that imprisonment was appropriate. As you've probably gathered.. no one can really tell you an answer to this. The probaton report is a good indication of sentence but thats as much as anyone can say. Other Answers (3) The recommendation in the report should be backed up by some explanation as to why the person making it considers it to be the