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Types of sentence and how sentencing guidelines work

Updated 2026-11-04 · Checked against sources 2026-11-04 · England & Wales

A suspended sentence is a prison term of up to 3 years served in the community unless you reoffend or breach its terms; terms of 12 months or less must now usually be suspended. A community order is a non-custodial sentence with requirements. Guidelines set a category, starting point and range.

The main sentences

Suspended sentences

A suspended sentence is a prison sentence that is not served straight away. The offence must first pass the custody threshold: so serious that neither a fine nor a community sentence alone can be justified. For convictions on or after 22 March 2026 (Sentencing Act 2026):

Community requirements can be attached. Reoffending during the operational period, or breaching requirements, usually leads to the prison term being activated in whole or in part.

Immediate custody

The term must be the shortest that reflects seriousness. Magistrates can impose up to 6 months for a summary-only offence and 12 months for an either-way offence. Most prisoners are released automatically part way through.

How sentencing guidelines work

Courts must follow Sentencing Council guidelines unless that would be contrary to the interests of justice (Sentencing Code s.59). The usual steps are:

Sentence can also be deferred for up to 12 months (for convictions from 22 March 2026).

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Authorities: Sentencing Act 2026 ss.1, 2, 5, 14; Sentencing Code (Sentencing Act 2020) ss.59, 73, 264, 264A, 277, 277A, 288 and Sch.9; Sentencing Council Imposition of Community and Custodial Sentences guideline (amended 22 March 2026); Sentencing Council Reduction in Sentence for a Guilty Plea guideline

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