Suspended Prison Sentences

When a person commits a crime, they go through a legal process to determine their guilt and decide on a suitable punishment. In some cases, the offender might be given a suspended prison sentence instead of serving jail time.

Courts can decide to delay prison sentences for numerous reasons, including allowing the defendant a period of probation or to undertake treatment for an addiction or to meet conditions in the community.

If the defendant violates the terms of their suspended sentence or commits an offence, they’ll be sent to prison to serve the original term imposed.

A fine may accompany a suspended sentence, but the court cannot impose a community sentence simultaneously as suspending a prison sentence.

On conviction of an offence punishable by a term of imprisonment, the court may impose a sentence where the so-called’ custody threshold test’ has been passed.

If the court decides to impose a prison sentence of 14 days and two years ( the court six months in the Magistrates’ Court), it might suspend the sentence for up to two years.

When the court decides prison sentences are appropriate punishments, they’ll then consider whether suspending the sentence is appropriate. If they can suspend the sentence, the time limit is usually six months and two years—also called the operational period.

Offences can be suspended when the courts decide it’s the best option. It’s important to remember that some crimes aren’t eligible, including murder or the distribution of class-A drugs.

The following crimes might be eligible for a suspended sentence:

• Fraud
• Employee theft
• Cannabis possession with an intent to supply
• Assault with actual bodily harm

If the judge feels that the offender is a danger to themselves or others or has a history of non-compliance with court orders, they might waive the suspended sentence and issue a prison term.

Judges might suspend sentences for a range of reasons, including:

• Rehabilitation: If the judge feels that the offender can be rehabilitated without serving prison, they might issue a suspended sentence. For example, some judges might order counselling or other interventions instead of prison time.
• Circumstances: Individuals who care for someone else, have mental health issues, or have a substance abuse problem might be offered alternative treatments instead of serving time in prison.
• Age: Prison sentences may also be suspended where young people over 18 are sentenced to detention in a young offender institution.

If judges issue a suspended sentence, the offender has to comply with all requirements during their suspension. The suspension cannot be longer than the operational period. During their suspension, offenders might need to comply with the following terms:

• unpaid work requirement
• activity requirement
• programme requirement
• prohibited activity requirement
• curfew requirement
• exclusion requirement
• residence requirement
• mental health requirement
• drug rehabilitation requirement
• alcohol treatment requirement
• supervision requirement
• attendance centre requirement (where the offender is aged 25 or under)

If the defendant commits a further criminal offence during the operational period, they’ll usually need to serve the prison term.

If the defendant breaches the terms of the suspended sentence or fails to comply with it, the courts can activate a custodial term. In fact, there is a presumption that the suspended prison term will be activated in full or in part where the terms are breached unless it is unjust.

Alternatively, the court can:

a. make any community requirements initially imposed more onerous

b. extend the supervision period (where community requirements were imposed)

c. extend the operational period (but not beyond two years from the date when the original order was made)

Usually, the Crown Court deals with all breaches of suspended sentences irrespective of where the sentence was passed. The Magistrates’ Court can only deal with such violations if the sentence was passed in the Magistrates’.

However, it can commit the case to the Crown Court if its powers to deal with the defendant are considered inadequate.

• Lack of Deterrence: Some argue that suspended sentences don’t prevent re-offending. This depends on the individual, but a lack of punishment could lead to negative behaviour in the future.
• Victim Perception: Victims might feel the punishment is strong enough and lose faith in the legal system.
• Supervision Challenges: Limited resources make it challenging to supervise offenders. Some don’t receive enough rehabilitation support.
• Criminal Record: Suspended sentences still appear on criminal records, which might limit future employment opportunities.

Overall, suspended sentences can be a beneficial tool for rehabilitation, but they come with their challenges.

Judges carefully consider these factors, along with the severity of the crime and the offender’s background, when determining the most suitable sentence.