Types of sentence and how sentencing guidelines work
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
- Absolute discharge: no penalty. Conditional discharge: no penalty unless you reoffend within a set period of up to 3 years.
- Fine: set by seriousness and income; often no upper limit.
- Community order: up to 3 years, with at least one requirement, such as unpaid work (40 to 300 hours), rehabilitation activity, a tagged curfew, exclusion, or drug, alcohol or mental health treatment. For offences from 1 October 2026 it can also ban driving.
- Suspended sentence order and immediate custody (below).
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):
- prison terms from 14 days (21 days for ages 18 to 20) up to 3 years can be suspended, up from 2 years;
- the operational period is 6 months to 2 years, or up to 3 years where the term is over 2 years;
- a term of 12 months or less must be suspended unless an exception applies, for example you are already in custody, offended while on a community or suspended order or in breach of a court order, suspension would put someone at significant risk of harm, or there are exceptional circumstances.
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:
- assess culpability and harm to find the category, which has a starting point and range;
- adjust for aggravating factors (such as relevant previous convictions or offending on bail) and mitigating factors (such as good character, remorse, age or ill health);
- reduce for assistance to the prosecution, then for a guilty plea: one third at the first stage, usually up to one quarter later, and about one tenth on the first day of trial;
- check totality and ancillary orders, and give reasons.
Sentence can also be deferred for up to 12 months (for convictions from 22 March 2026).
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