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Suspended Sentence

A suspended sentence is a prison term which is suspended subject to the condition of good behaviour (such as not to commit another offence) for a set period (referred to as the ‘operational period’). The law relating to suspended sentences is contained in sections 27-31 of the Sentencing Act 1991.

• The maximum sentence available in the Magistrates' Court is two years with a maximum operational period of two years.
• The maximum sentence available in the County and Supreme Courts is three years with a maximum operational period of three years.
• The actual prison term suspended can be less than the period it is suspended for. For example an offender can be sentenced to 18 months imprisonment, suspended for three years.
• A conviction must be recorded.
  
• A sentence can either be wholly or partly suspended. In the instance of a partly suspended sentence an offender would serve some of the prison sentence in jail before being released into the community with the remaining time suspended.
• A wholly suspended sentence cannot be given for serious offences (for example, murder, rape, serious sexual offences against children) unless there are exceptional circumstances and it is in the interests of justice.

In May 2006 the Sentencing Advisory Council recommended the phasing-out of suspended sentences by 2009 and the phasing-in of a new range of sentencing orders. See the 'Projects' section of this website for further information.