What is a Suspended Sentence?

A suspended prison sentence refers to a prison sentence that is delayed by the court by way of offering an offender a probation period or length of time to address other matters. A suspended prison sentence will be subject to strict terms and if these terms are not met by the offender, they are liable to be imprisoned immediately.

The following article explains suspended sentences in greater depth, including when they might be used, what their effect is and how a breach of terms is treated.

When is a suspended sentence imposed?

Suspended sentences are imposed by a court following a trial and allow an offender the opportunity to engage in a period of probation or address other considerations. A court may consider a suspended sentence as the appropriate action if an offender has an addiction or illness that is better addressed out of prison or if their investment in the community means that it is more beneficial for them to remain outside of prison. Of course, a suspended sentence will only be offered to those who do not pose a risk to society and when the court believes that it is not essential for the offender to be imprisoned.

To determine whether a sentence can be suspended, the court will rely on a so-called ‘custody threshold test'. If the offender passes this test, a suspended sentence can be imposed, and this means that they do not need to be imprisoned. A court has the power to impose the suspension for offenders who would have otherwise been required to serve a prison sentence of between 2 weeks to two years, and the suspended sentence can run for a period of up to two years. When a court deems it appropriate to punish a crime with a prison sentence, it is then required to consider whether the sentence could be suspended and if so, what period of suspension should be given. This is referred to as the operational period.

A prison sentence can also be suspended when a young offender who is over the age of 18 is sentenced to detention in a young offender's institute.

The effects of a suspended sentence

When a judge decides that it is appropriate to impose a suspended sentence, the offender will be bound by strict terms during the suspension period. Such terms may include considerations such as:

• The offender may be required to carry out unpaid work 
• The judge may make stipulations regarding the offender's activity requirement
• The judge may make it mandatory for the offender to join a specific programme 
• Terms may be put in place that prevent offenders from carrying out specific types of activity
• The offender may be bound by a curfew requirement
• An exclusion requirement may be put in place
• The court may make specific requirements regarding the offender's residence 
• Mental health requirements may be put in place when deemed necessary, including treatment and support systems
• For relevant offenders, the court may consider it necessary to place drug rehabilitation or alcohol treatment requirements in place
• An offender may be bound by supervision requirement
• When the offender is under the age of 25, an attendance centre requirement may be included in the terms of suspension.

What happens if the terms of the suspended sentence are breached?

Breaches of suspended sentences are usually dealt with by the Crown Court, no matter where the original sentence was passed. If the terms of the suspended sentence are breached by the offender, or they commit another crime, it is probable that they will be sent to prison and they will be required to serve the original prison term imposed. The court may impose a fine at the same time as a suspended sentence, but they are not authorised to impose a community sentence at the same time.

If the court deems it appropriate, they may not impose imprisonment to an offender who has breached the terms of the suspension or committed another crime and may opt for one of the following courses of action instead:

• Make the community requirements that were in place more strict
• Place an extension on the supervision period if a community requirement was imposed
• Place an extension on the operational period, but this cannot exceed two years from the date of the initial order.