what is a suspended sentence uk

what is a suspended sentence uk

1 year ago 60
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A suspended sentence is a type of sentence in the UK where an offender is given a custodial sentence of between 14 days and two years (or six months in the magistrates court), but the judge or magistrates may choose to suspend the sentence for up to two years. This means that the offender does not go to prison immediately but is given the chance to stay out of trouble and comply with up to 13 requirements set by the court. These requirements could include doing unpaid work, being subject to a curfew, undertaking a treatment program for alcohol or drugs, and being subject to a rehabilitation activity requirement. If the offender does not comply with the requirements or is convicted of another offense during the time of their suspended sentence, they are likely to serve the original custodial term as well as the sentence they get for the new offense.

Some key points about suspended sentences include:

  • A suspended sentence is a custodial sentence, but rather than the defendant serving the sentence immediately, it is suspended for between 6 months and 2 years (the operational period) on condition that the defendant commits no further offenses and abides by any requirements that the court chooses to attach.
  • The court cannot use a suspended sentence simply as a more severe form of Community Order.
  • The period of suspension must be for between 6 months and 2 years.
  • If the judge in a more serious Crown Court case has reached the view that the custodial sentence should be for 2 years 6 months, then a suspended sentence would not be appropriate.

Suspended sentences are used when the custodial sentence is no longer than two years. They are both a punishment and a deterrent, and the court can impose one or more requirements, including doing unpaid work, being subject to a curfew, undertaking a treatment program for alcohol or drugs, and undertaking other activities focused on rehabilitation of offenders. If a person fails to comply with the requirements of their suspended sentence, the court will usually have to activate the original custodial sentence and send the offender to prison.

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