What is a suspended prison sentence in the UK?

If you are given a custodial sentence, the judge or magistrates presiding over your case may choose to ‘suspend’ this sentence for up to two years. This will depend on your circumstances and if certain criteria are fulfilled. We have obtained hundreds of suspended prison sentences where custody was ordered.

There is, understandably, some confusion surrounding suspended prison sentences in the UK, including when they will be used, how long they will last and what actually happens once a sentence is suspended.

In this article, we take a closer look at some of these issues and explain what the potential consequences may be if you are subject to a suspended prison sentence, and you break the terms that have been set out.  

While we hope this information is useful, please note, it should not be taken as legal advice. If you need legal support with suspended prison sentences, then please get in touch and our team can advise you.

What does ‘suspended prison sentence’ mean?

If you have been found guilty of committing a criminal offence and are handed a custodial sentence of between 14 days and two years (or six months in the Magistrates’ Court), the judge or magistrates may choose to suspend this sentence.

If you are subject to a suspended prison sentence in the UK, you will not go to prison immediately. Instead, suspended sentence guidelines indicate that you will serve a sentence ‘in the community’ while, if ordered, having to comply with up to 13 requirements set by the court. Sometimes, a standalone suspended sentence may be ordered with no requirements.

When can a suspended prison sentence be used?

As mentioned above, a suspended prison sentence can only be used if a custodial sentence is between 14 days and two years, or 14 days and six months if a trial takes place in the Magistrates’ Court.

When deciding whether a sentence can be suspended, the court or magistrates will consider the individual circumstances of both the offence and the offender.

For example, they may assess whether there is a realistic prospect of rehabilitation, an offender presents any risk to the general public, and what the impact of a prison sentence will be for anyone else.

How long can a suspended prison sentence last?

A sentence can be suspended for a maximum of two years.

What conditions can be imposed on a suspended prison sentence?

Suspended sentence conditions will vary depending on the nature of the offence and the offender’s background.

Common suspended sentence conditions that will often be imposed include, but are not limited to:

• Carrying out unpaid work
• Being subject to a curfew
• Staying away from a certain location, known as an exclusion requirement
• Completing a treatment programme for alcohol or drugs
• Completing an alternative rehabilitation activity requirement

What happens if I breach the order?

If the requirements set out as part of the suspended sentence are broke, the court will usually activate the original custodial sentence.

That said, the court will take into account how serious the breach of a suspended sentence was and how far you have previously complied with the requirements. This means that, in some cases, it is possible that the court may respond to a breach of a suspended sentence by imposing stricter requirements, or by issuing a fine instead of activating the custodial sentence.

Sentencing Council indicates that, if you are convicted of another crime during the suspension period, the nature of this new offence will become the court’s primary consideration. Whilst considering this new offence, the court will then also seek to clarify how far you complied with the requirements under the suspended sentence order. The starting point is activation of the suspended sentence.

Credit for guilty plea

In short, where a guilty plea is indicated at the first stage of proceedings, you could receive a reduction from 1/3 of penalty. Pleading guilty early could lead to the benefit of a sentencing reduction, which may increase the potential for a suspended sentence being handed out.

More information regarding the potential outcomes for indicating a guilty plea can be found here.

Should I speak to a solicitor about suspended prison sentences?

If you are accused of a criminal offence, the prospect of receiving a custodial sentence can be extremely daunting. It is important to understand that having expert legal advice on your side can be the difference between a sentence being suspended or not.

In every case, it is highly recommended that you work with a solicitor that has specific experience and expertise with the offence you are being accused of committing.

At JD Spicer Zeb, our expert criminal defence solicitors have more than 45 years of expertise and are Law Society accredited in Criminal Litigation. With a strong track record of success behind us, we also have close relationships with many of the country’s leading criminal defence barristers.

This all means that we are in the best possible position to advise you on the details of your case and will be able to guide you on the most suitable approach – including the steps that may need to be taken to secure a suspended sentence.

Related pages

Please note that our expert solicitors also provide advice and support with various related matters, including:

• How can I get the CPS to drop the charges against me?
• How can I get the police to caution me?
• How can I get the police to drop charges against me?
• Pre-charge bail – What You Need to Know
• Released Under Investigation – What You Need to Know
• What is a ‘No further action’ letter?
• What to expect in Police Custody
• Why Choose a Private Solicitor for a Magistrates’ or Crown Court Case?

Fees and Funding

We are always clear and transparent about costs, no matter your circumstances or what support you require.

If you need to attend court, legal aid public funding will be available in some cases. This will usually be based on the seriousness of the case justifying the grant of public funding.

For any clients that do not qualify for legal aid public funding, the alternative option will be to fund their case privately.

To find out more about the way we handle fees (both legal aid public funding and private fees), please use the links provided below:

• Our Fees – Crime Cases
• Do I Qualify for Criminal Legal Aid?
• Bespoke Crime Private Fee Service
• Will Your Private Legal Costs Increase?
• Do We Offer Free Consultations?

Speak to our criminal lawyers today

If you are due to attend the police station in relation to a criminal offence, you have previously attended the police station and a court date has been set for your case, or you simply need advice on the terms of your current suspended sentence, please do not hesitate to get in touch with a member of our team.

You can contact our specialist criminal defence solicitors in London, Birmingham and Manchester by telephone on:

• Brent & Camden London Office: 0207 624 7771
• Manchester Office: 0161 835 1638
• Birmingham Office: 0121 614 3333
• City of London: 0207 624 7771 (our senior Solicitors and Partners can meet by appointment in the City)

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you promptly.

24/7 legal representation for suspended prison sentences

Please get in touch for a free consultation with one of our expert solicitors, as well as immediate representation and advice for suspended prison sentences

We are available to represent clients all over England and Wales at any time, so please contact our Emergency Number at 07836 577 556.