What is a suspended sentence?

A suspended sentence is a custodial sentence that does not need to be served immediately. The sentence cannot be for more than 2 years, or less than 2 weeks. The period of the suspension (operational period) cannot be more than two years.

As long as no further offence is committed and you comply with the terms of any community requirement which is attached to the order (such as a curfew, unpaid work requirement, alcohol abstinence monitoring requirement, rehabilitation activity requirement or treatment requirement), then the custodial part of the sentence will not be activated.

Factors that make a suspended sentence more likely are:

• If there is a realistic prospect of rehabilitation,
• Strong personal mitigation,
• Immediate custody will result in significant, harmful impact upon others.

Factors that make a suspended sentence less likely:

• You are deemed to present a risk/danger to the public,
• Appropriate punishment can only be achieved by immediate custody,
• You have a history of poor compliance with Court orders.

Breaching the requirements of a suspended sentence will usually result in the activation of the custodial part of the sentence because there is a presumption in favour of it. This is also the case if you commit a further offence during the operational period. You are likely to have to serve the sentence for the new offence and the activated sentence.

However, the Court may decide to modify the terms of the suspended sentence instead, by:

• Increasing the duration or severity of the community requirement(s),
• Extending the period of supervision,
• Imposing a financial penalty.

For free initial advice contact us on 01606 592159.