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• What is a Suspended Sentence?

• When can a sentence be suspended?

• Breach of a Suspended Sentence

What is a Suspended Sentence?

A suspended sentence is a lesser alternative to an immediate custodial sentence.

To impose a suspended sentence, the court must have decided that a custodial sentence is required (i.e. that the custody threshold has been crossed). This means that the court has concluded that the offence, or the combination of the offence and one or more offences associated with it, was so serious that neither a Fine alone nor a Community Order can be justified for the offence.

For this reason, suspended sentences are custodial sentences, 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 offences 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 Judge or magistrates can (and usually will) add one or more requirements to a suspended sentence. These requirements are identical to those that can be attached to a Community Order (such as an Unpaid Work Requirement or a Rehabilitation Activity Requirement).

When requirements are attached, the court will specify a supervision period of between 6 months and 2 years during which the requirements must be completed. When an Unpaid Work Order is the only requirement, the supervision period expires either when the unpaid work hours are completed or the operational period expires, whichever comes sooner.

Suspended sentences are governed by Chapter 5 Sentencing Act 2020.

A breach of a suspended sentence will normally mean activation of all or some of the custodial part of the sentence.

When can a sentence be suspended?

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