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Barristers (1)
Sentencing Options Explained
Why Sentencing Happens
If you plead guilty or are found guilty after trial, the court has to decide what happens next. Sentencing isn’t just about punishment — it also aims to protect the public, rehabilitate offenders, and deter future offending.
Sentences can feel complex, but in most cases, they fall into one of a few main categories. Knowing the basics can make things clearer for you and your family.
Discharge — No Punishment, But Still a Record
Absolute Discharge:
- The court decides no punishment is needed.
- Rare, but can happen for very minor offences or where blame is minimal.
Conditional Discharge:
- No immediate punishment if you stay out of trouble for a set period (up to 3 years).
- If you commit another offence during that time, you can be sentenced for both.
Fines
- Fines are common for minor offences, especially in Magistrates’ Court.
- The amount depends on the seriousness of the offence and your ability to pay.
- The court can set payment plans if you can’t afford the full amount up front.
- Not paying fines can lead to enforcement action — even prison in extreme cases.
Community Orders
Community orders are designed to punish but also rehabilitate. The court can impose one or more “requirements,” such as:
- Unpaid Work (Community Service) — typically 40 to 300 hours, supervised.
- Rehabilitation Activity Requirements (RARs) — meetings, courses, or therapy aimed at addressing offending behaviour.
- Curfews / Electronic Tags — you may have to stay at home during certain hours.
- Exclusion Zones — banning you from certain places.
- Drug or Alcohol Treatment — compulsory testing or programmes if relevant.
Failing to comply can lead to harsher penalties, including custody.
Suspended Sentences
This is where the court imposes a prison sentence but “suspends” it for a set period (up to 2 years).
- You don’t go to prison straight away, but you must comply with conditions (like attending appointments, doing unpaid work, or following curfews).
- If you commit another offence or breach the order, the sentence can be “activated” — meaning you serve the original prison time plus anything for the new offence.
- A suspended sentence is still a criminal conviction and will show on a DBS check.
Immediate Custody (Prison Sentences)
If the court decides your offence is so serious that only prison is appropriate, you’ll be sentenced to custody.
How it works in England & Wales:
- Sentence length: Depends on the seriousness of the offence and your previous record.
- Automatic release:
- Sentences under 12 months → Usually serve half in prison, the rest on licence in the community.
- Sentences 12 months or longer → Usually serve half to two-thirds in custody, depending on offence type.
- Extended sentences → For some violent or sexual offences, you may serve more in prison before release.
- Life sentences & IPPs: Special rules apply, and parole decisions are involved.
Even after release, you’ll normally remain on licence — meaning probation supervises you and you must follow strict rules.
Young People (Under 18)
Sentences for young people are different and aim more at rehabilitation. Options include:
- Referral Orders — meeting with a youth offender panel to agree on a rehabilitation plan.
- Youth Rehabilitation Orders (YROs) — the youth equivalent of community orders, with tailored conditions.
- Detention & Training Orders (DTOs) — a mix of custody and supervised release.
Victim Surcharges, Costs & Compensation
Whatever sentence you receive, the court may also order:
- A Victim Surcharge — a set amount based on your sentence, used to fund victim services.
- Prosecution Costs — contributing towards the CPS’s costs.
- Compensation Orders — paying money directly to victims.
These are in addition to any fines or other penalties.
How Courts Decide: Sentencing Guidelines
Judges and magistrates follow official Sentencing Council guidelines. They look at:
- The seriousness of the offence.
- Any aggravating factors (weapons, repeat offending, targeting vulnerable victims).
- Any mitigating factors (genuine remorse, previous good character, mental health issues).
- Whether you pleaded guilty early.
Every case is different, but these rules keep sentences broadly consistent across England and Wales.
Practical Tips for Defendants & Families
- Ask your solicitor to explain likely sentencing ranges before trial or plea.
- If you’re worried about custody, ask about pre-sentence reports — these can influence whether you get community-based options.
- Make arrangements for children, pets, bills, and work before sentencing day if there’s a chance of custody.
- If you get a community or suspended sentence, stick to the conditions — breaching them makes things much worse.
Community Sentences (2)
Sentencing Options Explained
Why Sentencing Happens
If you plead guilty or are found guilty after trial, the court has to decide what happens next. Sentencing isn’t just about punishment — it also aims to protect the public, rehabilitate offenders, and deter future offending.
Sentences can feel complex, but in most cases, they fall into one of a few main categories. Knowing the basics can make things clearer for you and your family.
Discharge — No Punishment, But Still a Record
Absolute Discharge:
- The court decides no punishment is needed.
- Rare, but can happen for very minor offences or where blame is minimal.
Conditional Discharge:
- No immediate punishment if you stay out of trouble for a set period (up to 3 years).
- If you commit another offence during that time, you can be sentenced for both.
Fines
- Fines are common for minor offences, especially in Magistrates’ Court.
- The amount depends on the seriousness of the offence and your ability to pay.
- The court can set payment plans if you can’t afford the full amount up front.
- Not paying fines can lead to enforcement action — even prison in extreme cases.
Community Orders
Community orders are designed to punish but also rehabilitate. The court can impose one or more “requirements,” such as:
- Unpaid Work (Community Service) — typically 40 to 300 hours, supervised.
- Rehabilitation Activity Requirements (RARs) — meetings, courses, or therapy aimed at addressing offending behaviour.
- Curfews / Electronic Tags — you may have to stay at home during certain hours.
- Exclusion Zones — banning you from certain places.
- Drug or Alcohol Treatment — compulsory testing or programmes if relevant.
Failing to comply can lead to harsher penalties, including custody.
Suspended Sentences
This is where the court imposes a prison sentence but “suspends” it for a set period (up to 2 years).
- You don’t go to prison straight away, but you must comply with conditions (like attending appointments, doing unpaid work, or following curfews).
- If you commit another offence or breach the order, the sentence can be “activated” — meaning you serve the original prison time plus anything for the new offence.
- A suspended sentence is still a criminal conviction and will show on a DBS check.
Immediate Custody (Prison Sentences)
If the court decides your offence is so serious that only prison is appropriate, you’ll be sentenced to custody.
How it works in England & Wales:
- Sentence length: Depends on the seriousness of the offence and your previous record.
- Automatic release:
- Sentences under 12 months → Usually serve half in prison, the rest on licence in the community.
- Sentences 12 months or longer → Usually serve half to two-thirds in custody, depending on offence type.
- Extended sentences → For some violent or sexual offences, you may serve more in prison before release.
- Life sentences & IPPs: Special rules apply, and parole decisions are involved.
Even after release, you’ll normally remain on licence — meaning probation supervises you and you must follow strict rules.
Young People (Under 18)
Sentences for young people are different and aim more at rehabilitation. Options include:
- Referral Orders — meeting with a youth offender panel to agree on a rehabilitation plan.
- Youth Rehabilitation Orders (YROs) — the youth equivalent of community orders, with tailored conditions.
- Detention & Training Orders (DTOs) — a mix of custody and supervised release.
Victim Surcharges, Costs & Compensation
Whatever sentence you receive, the court may also order:
- A Victim Surcharge — a set amount based on your sentence, used to fund victim services.
- Prosecution Costs — contributing towards the CPS’s costs.
- Compensation Orders — paying money directly to victims.
These are in addition to any fines or other penalties.
How Courts Decide: Sentencing Guidelines
Judges and magistrates follow official Sentencing Council guidelines. They look at:
- The seriousness of the offence.
- Any aggravating factors (weapons, repeat offending, targeting vulnerable victims).
- Any mitigating factors (genuine remorse, previous good character, mental health issues).
- Whether you pleaded guilty early.
Every case is different, but these rules keep sentences broadly consistent across England and Wales.
Practical Tips for Defendants & Families
- Ask your solicitor to explain likely sentencing ranges before trial or plea.
- If you’re worried about custody, ask about pre-sentence reports — these can influence whether you get community-based options.
- Make arrangements for children, pets, bills, and work before sentencing day if there’s a chance of custody.
- If you get a community or suspended sentence, stick to the conditions — breaching them makes things much worse.
What to Expect
For most people leaving prison, the sentence doesn’t end at the gate. Being released doesn’t mean you’re free to do whatever you like — you’ll almost always leave on licence. That means you’re allowed back into the community, but you’re still serving your sentence under specific rules and supervision. Understanding how your licence works, what probation expects, and where the risks lie is the key to staying on track and rebuilding your life.
What It Means to Be on Licence
When you’re released from custody, the rest of your sentence is served in the community under supervision. You’re free from the day-to-day restrictions of prison, but you’re not fully finished with the criminal justice system until your licence period ends. For most determinate sentences, this lasts until the original end date of your sentence. For life sentences and IPP sentences, licence conditions can last for many years — sometimes for life — though there are ways to apply for early termination in certain situations.
Your licence conditions are set by the Probation Service and approved by the Prison Governor before release. They’re designed to manage risk and support your reintegration. Some are standard, while others are tailored to your offence, your background, and the assessment of your risk.
Common Licence Conditions
While the exact rules vary from case to case, most people can expect conditions like:
- Living at an approved address and informing probation of any changes
- Attending regular meetings with your probation officer
- Staying away from certain people, places, or areas if they’re linked to your offence
- Not committing further offences or doing anything that raises risk concerns
- Allowing probation to visit you at home
- Seeking permission before travelling outside England & Wales
For some, especially those convicted of sexual or violent offences, there can be additional restrictions — like not contacting certain people, using the internet in specific ways, or attending treatment programmes. These will be explained in writing before you leave prison, and it’s crucial to make sure you fully understand them before signing anything.
Working with Probation
Probation’s role is to monitor risk, but also to support your resettlement. Some officers are brilliant, others less so — but either way, staying cooperative makes life easier. Missing appointments, ignoring instructions, or being dishonest will almost always cause problems. If you’re struggling with a condition — for example, finding suitable housing, meeting travel restrictions, or attending courses — speak to your probation officer as early as possible. They may be able to adjust things or refer you to other services for support.
The Risk of Recall
One of the hardest parts of being on licence is knowing that you can be recalled to prison. Recall can happen for two reasons: either you’ve been accused of breaching your licence conditions, or probation believes your risk has increased and you can’t be managed safely in the community.
Recalls aren’t always permanent. In some cases, you might be returned to custody for a fixed period before being released again, but for more serious breaches, you could stay inside until your original sentence expiry date. If you think a recall is unfair, there are routes to challenge it — but time limits are short, and it’s always better to avoid breaching in the first place if you can.
Balancing Freedom and Responsibility
Life on licence can feel restrictive at times, but it’s also a second chance — an opportunity to start rebuilding your life outside prison walls. Securing stable housing, rebuilding relationships, looking after your mental health, and accessing support for work, education, or training can all make a huge difference.
It’s normal to feel frustrated with the process, especially if conditions feel unfair or overly strict, but engaging with support services and sticking to the rules reduces the risk of recall and gets you closer to the finish line. For families and supporters, understanding how licence works helps you provide the right kind of encouragement without unintentionally making things harder.
Court (1)
Sentencing Options Explained
Why Sentencing Happens
If you plead guilty or are found guilty after trial, the court has to decide what happens next. Sentencing isn’t just about punishment — it also aims to protect the public, rehabilitate offenders, and deter future offending.
Sentences can feel complex, but in most cases, they fall into one of a few main categories. Knowing the basics can make things clearer for you and your family.
Discharge — No Punishment, But Still a Record
Absolute Discharge:
- The court decides no punishment is needed.
- Rare, but can happen for very minor offences or where blame is minimal.
Conditional Discharge:
- No immediate punishment if you stay out of trouble for a set period (up to 3 years).
- If you commit another offence during that time, you can be sentenced for both.
Fines
- Fines are common for minor offences, especially in Magistrates’ Court.
- The amount depends on the seriousness of the offence and your ability to pay.
- The court can set payment plans if you can’t afford the full amount up front.
- Not paying fines can lead to enforcement action — even prison in extreme cases.
Community Orders
Community orders are designed to punish but also rehabilitate. The court can impose one or more “requirements,” such as:
- Unpaid Work (Community Service) — typically 40 to 300 hours, supervised.
- Rehabilitation Activity Requirements (RARs) — meetings, courses, or therapy aimed at addressing offending behaviour.
- Curfews / Electronic Tags — you may have to stay at home during certain hours.
- Exclusion Zones — banning you from certain places.
- Drug or Alcohol Treatment — compulsory testing or programmes if relevant.
Failing to comply can lead to harsher penalties, including custody.
Suspended Sentences
This is where the court imposes a prison sentence but “suspends” it for a set period (up to 2 years).
- You don’t go to prison straight away, but you must comply with conditions (like attending appointments, doing unpaid work, or following curfews).
- If you commit another offence or breach the order, the sentence can be “activated” — meaning you serve the original prison time plus anything for the new offence.
- A suspended sentence is still a criminal conviction and will show on a DBS check.
Immediate Custody (Prison Sentences)
If the court decides your offence is so serious that only prison is appropriate, you’ll be sentenced to custody.
How it works in England & Wales:
- Sentence length: Depends on the seriousness of the offence and your previous record.
- Automatic release:
- Sentences under 12 months → Usually serve half in prison, the rest on licence in the community.
- Sentences 12 months or longer → Usually serve half to two-thirds in custody, depending on offence type.
- Extended sentences → For some violent or sexual offences, you may serve more in prison before release.
- Life sentences & IPPs: Special rules apply, and parole decisions are involved.
Even after release, you’ll normally remain on licence — meaning probation supervises you and you must follow strict rules.
Young People (Under 18)
Sentences for young people are different and aim more at rehabilitation. Options include:
- Referral Orders — meeting with a youth offender panel to agree on a rehabilitation plan.
- Youth Rehabilitation Orders (YROs) — the youth equivalent of community orders, with tailored conditions.
- Detention & Training Orders (DTOs) — a mix of custody and supervised release.
Victim Surcharges, Costs & Compensation
Whatever sentence you receive, the court may also order:
- A Victim Surcharge — a set amount based on your sentence, used to fund victim services.
- Prosecution Costs — contributing towards the CPS’s costs.
- Compensation Orders — paying money directly to victims.
These are in addition to any fines or other penalties.
How Courts Decide: Sentencing Guidelines
Judges and magistrates follow official Sentencing Council guidelines. They look at:
- The seriousness of the offence.
- Any aggravating factors (weapons, repeat offending, targeting vulnerable victims).
- Any mitigating factors (genuine remorse, previous good character, mental health issues).
- Whether you pleaded guilty early.
Every case is different, but these rules keep sentences broadly consistent across England and Wales.
Practical Tips for Defendants & Families
- Ask your solicitor to explain likely sentencing ranges before trial or plea.
- If you’re worried about custody, ask about pre-sentence reports — these can influence whether you get community-based options.
- Make arrangements for children, pets, bills, and work before sentencing day if there’s a chance of custody.
- If you get a community or suspended sentence, stick to the conditions — breaching them makes things much worse.
Fines (1)
Sentencing Options Explained
Why Sentencing Happens
If you plead guilty or are found guilty after trial, the court has to decide what happens next. Sentencing isn’t just about punishment — it also aims to protect the public, rehabilitate offenders, and deter future offending.
Sentences can feel complex, but in most cases, they fall into one of a few main categories. Knowing the basics can make things clearer for you and your family.
Discharge — No Punishment, But Still a Record
Absolute Discharge:
- The court decides no punishment is needed.
- Rare, but can happen for very minor offences or where blame is minimal.
Conditional Discharge:
- No immediate punishment if you stay out of trouble for a set period (up to 3 years).
- If you commit another offence during that time, you can be sentenced for both.
Fines
- Fines are common for minor offences, especially in Magistrates’ Court.
- The amount depends on the seriousness of the offence and your ability to pay.
- The court can set payment plans if you can’t afford the full amount up front.
- Not paying fines can lead to enforcement action — even prison in extreme cases.
Community Orders
Community orders are designed to punish but also rehabilitate. The court can impose one or more “requirements,” such as:
- Unpaid Work (Community Service) — typically 40 to 300 hours, supervised.
- Rehabilitation Activity Requirements (RARs) — meetings, courses, or therapy aimed at addressing offending behaviour.
- Curfews / Electronic Tags — you may have to stay at home during certain hours.
- Exclusion Zones — banning you from certain places.
- Drug or Alcohol Treatment — compulsory testing or programmes if relevant.
Failing to comply can lead to harsher penalties, including custody.
Suspended Sentences
This is where the court imposes a prison sentence but “suspends” it for a set period (up to 2 years).
- You don’t go to prison straight away, but you must comply with conditions (like attending appointments, doing unpaid work, or following curfews).
- If you commit another offence or breach the order, the sentence can be “activated” — meaning you serve the original prison time plus anything for the new offence.
- A suspended sentence is still a criminal conviction and will show on a DBS check.
Immediate Custody (Prison Sentences)
If the court decides your offence is so serious that only prison is appropriate, you’ll be sentenced to custody.
How it works in England & Wales:
- Sentence length: Depends on the seriousness of the offence and your previous record.
- Automatic release:
- Sentences under 12 months → Usually serve half in prison, the rest on licence in the community.
- Sentences 12 months or longer → Usually serve half to two-thirds in custody, depending on offence type.
- Extended sentences → For some violent or sexual offences, you may serve more in prison before release.
- Life sentences & IPPs: Special rules apply, and parole decisions are involved.
Even after release, you’ll normally remain on licence — meaning probation supervises you and you must follow strict rules.
Young People (Under 18)
Sentences for young people are different and aim more at rehabilitation. Options include:
- Referral Orders — meeting with a youth offender panel to agree on a rehabilitation plan.
- Youth Rehabilitation Orders (YROs) — the youth equivalent of community orders, with tailored conditions.
- Detention & Training Orders (DTOs) — a mix of custody and supervised release.
Victim Surcharges, Costs & Compensation
Whatever sentence you receive, the court may also order:
- A Victim Surcharge — a set amount based on your sentence, used to fund victim services.
- Prosecution Costs — contributing towards the CPS’s costs.
- Compensation Orders — paying money directly to victims.
These are in addition to any fines or other penalties.
How Courts Decide: Sentencing Guidelines
Judges and magistrates follow official Sentencing Council guidelines. They look at:
- The seriousness of the offence.
- Any aggravating factors (weapons, repeat offending, targeting vulnerable victims).
- Any mitigating factors (genuine remorse, previous good character, mental health issues).
- Whether you pleaded guilty early.
Every case is different, but these rules keep sentences broadly consistent across England and Wales.
Practical Tips for Defendants & Families
- Ask your solicitor to explain likely sentencing ranges before trial or plea.
- If you’re worried about custody, ask about pre-sentence reports — these can influence whether you get community-based options.
- Make arrangements for children, pets, bills, and work before sentencing day if there’s a chance of custody.
- If you get a community or suspended sentence, stick to the conditions — breaching them makes things much worse.
Parole (1)
What to Expect
For most people leaving prison, the sentence doesn’t end at the gate. Being released doesn’t mean you’re free to do whatever you like — you’ll almost always leave on licence. That means you’re allowed back into the community, but you’re still serving your sentence under specific rules and supervision. Understanding how your licence works, what probation expects, and where the risks lie is the key to staying on track and rebuilding your life.
What It Means to Be on Licence
When you’re released from custody, the rest of your sentence is served in the community under supervision. You’re free from the day-to-day restrictions of prison, but you’re not fully finished with the criminal justice system until your licence period ends. For most determinate sentences, this lasts until the original end date of your sentence. For life sentences and IPP sentences, licence conditions can last for many years — sometimes for life — though there are ways to apply for early termination in certain situations.
Your licence conditions are set by the Probation Service and approved by the Prison Governor before release. They’re designed to manage risk and support your reintegration. Some are standard, while others are tailored to your offence, your background, and the assessment of your risk.
Common Licence Conditions
While the exact rules vary from case to case, most people can expect conditions like:
- Living at an approved address and informing probation of any changes
- Attending regular meetings with your probation officer
- Staying away from certain people, places, or areas if they’re linked to your offence
- Not committing further offences or doing anything that raises risk concerns
- Allowing probation to visit you at home
- Seeking permission before travelling outside England & Wales
For some, especially those convicted of sexual or violent offences, there can be additional restrictions — like not contacting certain people, using the internet in specific ways, or attending treatment programmes. These will be explained in writing before you leave prison, and it’s crucial to make sure you fully understand them before signing anything.
Working with Probation
Probation’s role is to monitor risk, but also to support your resettlement. Some officers are brilliant, others less so — but either way, staying cooperative makes life easier. Missing appointments, ignoring instructions, or being dishonest will almost always cause problems. If you’re struggling with a condition — for example, finding suitable housing, meeting travel restrictions, or attending courses — speak to your probation officer as early as possible. They may be able to adjust things or refer you to other services for support.
The Risk of Recall
One of the hardest parts of being on licence is knowing that you can be recalled to prison. Recall can happen for two reasons: either you’ve been accused of breaching your licence conditions, or probation believes your risk has increased and you can’t be managed safely in the community.
Recalls aren’t always permanent. In some cases, you might be returned to custody for a fixed period before being released again, but for more serious breaches, you could stay inside until your original sentence expiry date. If you think a recall is unfair, there are routes to challenge it — but time limits are short, and it’s always better to avoid breaching in the first place if you can.
Balancing Freedom and Responsibility
Life on licence can feel restrictive at times, but it’s also a second chance — an opportunity to start rebuilding your life outside prison walls. Securing stable housing, rebuilding relationships, looking after your mental health, and accessing support for work, education, or training can all make a huge difference.
It’s normal to feel frustrated with the process, especially if conditions feel unfair or overly strict, but engaging with support services and sticking to the rules reduces the risk of recall and gets you closer to the finish line. For families and supporters, understanding how licence works helps you provide the right kind of encouragement without unintentionally making things harder.
Prison (2)
Sentencing Options Explained
Why Sentencing Happens
If you plead guilty or are found guilty after trial, the court has to decide what happens next. Sentencing isn’t just about punishment — it also aims to protect the public, rehabilitate offenders, and deter future offending.
Sentences can feel complex, but in most cases, they fall into one of a few main categories. Knowing the basics can make things clearer for you and your family.
Discharge — No Punishment, But Still a Record
Absolute Discharge:
- The court decides no punishment is needed.
- Rare, but can happen for very minor offences or where blame is minimal.
Conditional Discharge:
- No immediate punishment if you stay out of trouble for a set period (up to 3 years).
- If you commit another offence during that time, you can be sentenced for both.
Fines
- Fines are common for minor offences, especially in Magistrates’ Court.
- The amount depends on the seriousness of the offence and your ability to pay.
- The court can set payment plans if you can’t afford the full amount up front.
- Not paying fines can lead to enforcement action — even prison in extreme cases.
Community Orders
Community orders are designed to punish but also rehabilitate. The court can impose one or more “requirements,” such as:
- Unpaid Work (Community Service) — typically 40 to 300 hours, supervised.
- Rehabilitation Activity Requirements (RARs) — meetings, courses, or therapy aimed at addressing offending behaviour.
- Curfews / Electronic Tags — you may have to stay at home during certain hours.
- Exclusion Zones — banning you from certain places.
- Drug or Alcohol Treatment — compulsory testing or programmes if relevant.
Failing to comply can lead to harsher penalties, including custody.
Suspended Sentences
This is where the court imposes a prison sentence but “suspends” it for a set period (up to 2 years).
- You don’t go to prison straight away, but you must comply with conditions (like attending appointments, doing unpaid work, or following curfews).
- If you commit another offence or breach the order, the sentence can be “activated” — meaning you serve the original prison time plus anything for the new offence.
- A suspended sentence is still a criminal conviction and will show on a DBS check.
Immediate Custody (Prison Sentences)
If the court decides your offence is so serious that only prison is appropriate, you’ll be sentenced to custody.
How it works in England & Wales:
- Sentence length: Depends on the seriousness of the offence and your previous record.
- Automatic release:
- Sentences under 12 months → Usually serve half in prison, the rest on licence in the community.
- Sentences 12 months or longer → Usually serve half to two-thirds in custody, depending on offence type.
- Extended sentences → For some violent or sexual offences, you may serve more in prison before release.
- Life sentences & IPPs: Special rules apply, and parole decisions are involved.
Even after release, you’ll normally remain on licence — meaning probation supervises you and you must follow strict rules.
Young People (Under 18)
Sentences for young people are different and aim more at rehabilitation. Options include:
- Referral Orders — meeting with a youth offender panel to agree on a rehabilitation plan.
- Youth Rehabilitation Orders (YROs) — the youth equivalent of community orders, with tailored conditions.
- Detention & Training Orders (DTOs) — a mix of custody and supervised release.
Victim Surcharges, Costs & Compensation
Whatever sentence you receive, the court may also order:
- A Victim Surcharge — a set amount based on your sentence, used to fund victim services.
- Prosecution Costs — contributing towards the CPS’s costs.
- Compensation Orders — paying money directly to victims.
These are in addition to any fines or other penalties.
How Courts Decide: Sentencing Guidelines
Judges and magistrates follow official Sentencing Council guidelines. They look at:
- The seriousness of the offence.
- Any aggravating factors (weapons, repeat offending, targeting vulnerable victims).
- Any mitigating factors (genuine remorse, previous good character, mental health issues).
- Whether you pleaded guilty early.
Every case is different, but these rules keep sentences broadly consistent across England and Wales.
Practical Tips for Defendants & Families
- Ask your solicitor to explain likely sentencing ranges before trial or plea.
- If you’re worried about custody, ask about pre-sentence reports — these can influence whether you get community-based options.
- Make arrangements for children, pets, bills, and work before sentencing day if there’s a chance of custody.
- If you get a community or suspended sentence, stick to the conditions — breaching them makes things much worse.
What to Expect
For most people leaving prison, the sentence doesn’t end at the gate. Being released doesn’t mean you’re free to do whatever you like — you’ll almost always leave on licence. That means you’re allowed back into the community, but you’re still serving your sentence under specific rules and supervision. Understanding how your licence works, what probation expects, and where the risks lie is the key to staying on track and rebuilding your life.
What It Means to Be on Licence
When you’re released from custody, the rest of your sentence is served in the community under supervision. You’re free from the day-to-day restrictions of prison, but you’re not fully finished with the criminal justice system until your licence period ends. For most determinate sentences, this lasts until the original end date of your sentence. For life sentences and IPP sentences, licence conditions can last for many years — sometimes for life — though there are ways to apply for early termination in certain situations.
Your licence conditions are set by the Probation Service and approved by the Prison Governor before release. They’re designed to manage risk and support your reintegration. Some are standard, while others are tailored to your offence, your background, and the assessment of your risk.
Common Licence Conditions
While the exact rules vary from case to case, most people can expect conditions like:
- Living at an approved address and informing probation of any changes
- Attending regular meetings with your probation officer
- Staying away from certain people, places, or areas if they’re linked to your offence
- Not committing further offences or doing anything that raises risk concerns
- Allowing probation to visit you at home
- Seeking permission before travelling outside England & Wales
For some, especially those convicted of sexual or violent offences, there can be additional restrictions — like not contacting certain people, using the internet in specific ways, or attending treatment programmes. These will be explained in writing before you leave prison, and it’s crucial to make sure you fully understand them before signing anything.
Working with Probation
Probation’s role is to monitor risk, but also to support your resettlement. Some officers are brilliant, others less so — but either way, staying cooperative makes life easier. Missing appointments, ignoring instructions, or being dishonest will almost always cause problems. If you’re struggling with a condition — for example, finding suitable housing, meeting travel restrictions, or attending courses — speak to your probation officer as early as possible. They may be able to adjust things or refer you to other services for support.
The Risk of Recall
One of the hardest parts of being on licence is knowing that you can be recalled to prison. Recall can happen for two reasons: either you’ve been accused of breaching your licence conditions, or probation believes your risk has increased and you can’t be managed safely in the community.
Recalls aren’t always permanent. In some cases, you might be returned to custody for a fixed period before being released again, but for more serious breaches, you could stay inside until your original sentence expiry date. If you think a recall is unfair, there are routes to challenge it — but time limits are short, and it’s always better to avoid breaching in the first place if you can.
Balancing Freedom and Responsibility
Life on licence can feel restrictive at times, but it’s also a second chance — an opportunity to start rebuilding your life outside prison walls. Securing stable housing, rebuilding relationships, looking after your mental health, and accessing support for work, education, or training can all make a huge difference.
It’s normal to feel frustrated with the process, especially if conditions feel unfair or overly strict, but engaging with support services and sticking to the rules reduces the risk of recall and gets you closer to the finish line. For families and supporters, understanding how licence works helps you provide the right kind of encouragement without unintentionally making things harder.
Probation (2)
Sentencing Options Explained
Why Sentencing Happens
If you plead guilty or are found guilty after trial, the court has to decide what happens next. Sentencing isn’t just about punishment — it also aims to protect the public, rehabilitate offenders, and deter future offending.
Sentences can feel complex, but in most cases, they fall into one of a few main categories. Knowing the basics can make things clearer for you and your family.
Discharge — No Punishment, But Still a Record
Absolute Discharge:
- The court decides no punishment is needed.
- Rare, but can happen for very minor offences or where blame is minimal.
Conditional Discharge:
- No immediate punishment if you stay out of trouble for a set period (up to 3 years).
- If you commit another offence during that time, you can be sentenced for both.
Fines
- Fines are common for minor offences, especially in Magistrates’ Court.
- The amount depends on the seriousness of the offence and your ability to pay.
- The court can set payment plans if you can’t afford the full amount up front.
- Not paying fines can lead to enforcement action — even prison in extreme cases.
Community Orders
Community orders are designed to punish but also rehabilitate. The court can impose one or more “requirements,” such as:
- Unpaid Work (Community Service) — typically 40 to 300 hours, supervised.
- Rehabilitation Activity Requirements (RARs) — meetings, courses, or therapy aimed at addressing offending behaviour.
- Curfews / Electronic Tags — you may have to stay at home during certain hours.
- Exclusion Zones — banning you from certain places.
- Drug or Alcohol Treatment — compulsory testing or programmes if relevant.
Failing to comply can lead to harsher penalties, including custody.
Suspended Sentences
This is where the court imposes a prison sentence but “suspends” it for a set period (up to 2 years).
- You don’t go to prison straight away, but you must comply with conditions (like attending appointments, doing unpaid work, or following curfews).
- If you commit another offence or breach the order, the sentence can be “activated” — meaning you serve the original prison time plus anything for the new offence.
- A suspended sentence is still a criminal conviction and will show on a DBS check.
Immediate Custody (Prison Sentences)
If the court decides your offence is so serious that only prison is appropriate, you’ll be sentenced to custody.
How it works in England & Wales:
- Sentence length: Depends on the seriousness of the offence and your previous record.
- Automatic release:
- Sentences under 12 months → Usually serve half in prison, the rest on licence in the community.
- Sentences 12 months or longer → Usually serve half to two-thirds in custody, depending on offence type.
- Extended sentences → For some violent or sexual offences, you may serve more in prison before release.
- Life sentences & IPPs: Special rules apply, and parole decisions are involved.
Even after release, you’ll normally remain on licence — meaning probation supervises you and you must follow strict rules.
Young People (Under 18)
Sentences for young people are different and aim more at rehabilitation. Options include:
- Referral Orders — meeting with a youth offender panel to agree on a rehabilitation plan.
- Youth Rehabilitation Orders (YROs) — the youth equivalent of community orders, with tailored conditions.
- Detention & Training Orders (DTOs) — a mix of custody and supervised release.
Victim Surcharges, Costs & Compensation
Whatever sentence you receive, the court may also order:
- A Victim Surcharge — a set amount based on your sentence, used to fund victim services.
- Prosecution Costs — contributing towards the CPS’s costs.
- Compensation Orders — paying money directly to victims.
These are in addition to any fines or other penalties.
How Courts Decide: Sentencing Guidelines
Judges and magistrates follow official Sentencing Council guidelines. They look at:
- The seriousness of the offence.
- Any aggravating factors (weapons, repeat offending, targeting vulnerable victims).
- Any mitigating factors (genuine remorse, previous good character, mental health issues).
- Whether you pleaded guilty early.
Every case is different, but these rules keep sentences broadly consistent across England and Wales.
Practical Tips for Defendants & Families
- Ask your solicitor to explain likely sentencing ranges before trial or plea.
- If you’re worried about custody, ask about pre-sentence reports — these can influence whether you get community-based options.
- Make arrangements for children, pets, bills, and work before sentencing day if there’s a chance of custody.
- If you get a community or suspended sentence, stick to the conditions — breaching them makes things much worse.
What to Expect
For most people leaving prison, the sentence doesn’t end at the gate. Being released doesn’t mean you’re free to do whatever you like — you’ll almost always leave on licence. That means you’re allowed back into the community, but you’re still serving your sentence under specific rules and supervision. Understanding how your licence works, what probation expects, and where the risks lie is the key to staying on track and rebuilding your life.
What It Means to Be on Licence
When you’re released from custody, the rest of your sentence is served in the community under supervision. You’re free from the day-to-day restrictions of prison, but you’re not fully finished with the criminal justice system until your licence period ends. For most determinate sentences, this lasts until the original end date of your sentence. For life sentences and IPP sentences, licence conditions can last for many years — sometimes for life — though there are ways to apply for early termination in certain situations.
Your licence conditions are set by the Probation Service and approved by the Prison Governor before release. They’re designed to manage risk and support your reintegration. Some are standard, while others are tailored to your offence, your background, and the assessment of your risk.
Common Licence Conditions
While the exact rules vary from case to case, most people can expect conditions like:
- Living at an approved address and informing probation of any changes
- Attending regular meetings with your probation officer
- Staying away from certain people, places, or areas if they’re linked to your offence
- Not committing further offences or doing anything that raises risk concerns
- Allowing probation to visit you at home
- Seeking permission before travelling outside England & Wales
For some, especially those convicted of sexual or violent offences, there can be additional restrictions — like not contacting certain people, using the internet in specific ways, or attending treatment programmes. These will be explained in writing before you leave prison, and it’s crucial to make sure you fully understand them before signing anything.
Working with Probation
Probation’s role is to monitor risk, but also to support your resettlement. Some officers are brilliant, others less so — but either way, staying cooperative makes life easier. Missing appointments, ignoring instructions, or being dishonest will almost always cause problems. If you’re struggling with a condition — for example, finding suitable housing, meeting travel restrictions, or attending courses — speak to your probation officer as early as possible. They may be able to adjust things or refer you to other services for support.
The Risk of Recall
One of the hardest parts of being on licence is knowing that you can be recalled to prison. Recall can happen for two reasons: either you’ve been accused of breaching your licence conditions, or probation believes your risk has increased and you can’t be managed safely in the community.
Recalls aren’t always permanent. In some cases, you might be returned to custody for a fixed period before being released again, but for more serious breaches, you could stay inside until your original sentence expiry date. If you think a recall is unfair, there are routes to challenge it — but time limits are short, and it’s always better to avoid breaching in the first place if you can.
Balancing Freedom and Responsibility
Life on licence can feel restrictive at times, but it’s also a second chance — an opportunity to start rebuilding your life outside prison walls. Securing stable housing, rebuilding relationships, looking after your mental health, and accessing support for work, education, or training can all make a huge difference.
It’s normal to feel frustrated with the process, especially if conditions feel unfair or overly strict, but engaging with support services and sticking to the rules reduces the risk of recall and gets you closer to the finish line. For families and supporters, understanding how licence works helps you provide the right kind of encouragement without unintentionally making things harder.
Release (1)
What to Expect
For most people leaving prison, the sentence doesn’t end at the gate. Being released doesn’t mean you’re free to do whatever you like — you’ll almost always leave on licence. That means you’re allowed back into the community, but you’re still serving your sentence under specific rules and supervision. Understanding how your licence works, what probation expects, and where the risks lie is the key to staying on track and rebuilding your life.
What It Means to Be on Licence
When you’re released from custody, the rest of your sentence is served in the community under supervision. You’re free from the day-to-day restrictions of prison, but you’re not fully finished with the criminal justice system until your licence period ends. For most determinate sentences, this lasts until the original end date of your sentence. For life sentences and IPP sentences, licence conditions can last for many years — sometimes for life — though there are ways to apply for early termination in certain situations.
Your licence conditions are set by the Probation Service and approved by the Prison Governor before release. They’re designed to manage risk and support your reintegration. Some are standard, while others are tailored to your offence, your background, and the assessment of your risk.
Common Licence Conditions
While the exact rules vary from case to case, most people can expect conditions like:
- Living at an approved address and informing probation of any changes
- Attending regular meetings with your probation officer
- Staying away from certain people, places, or areas if they’re linked to your offence
- Not committing further offences or doing anything that raises risk concerns
- Allowing probation to visit you at home
- Seeking permission before travelling outside England & Wales
For some, especially those convicted of sexual or violent offences, there can be additional restrictions — like not contacting certain people, using the internet in specific ways, or attending treatment programmes. These will be explained in writing before you leave prison, and it’s crucial to make sure you fully understand them before signing anything.
Working with Probation
Probation’s role is to monitor risk, but also to support your resettlement. Some officers are brilliant, others less so — but either way, staying cooperative makes life easier. Missing appointments, ignoring instructions, or being dishonest will almost always cause problems. If you’re struggling with a condition — for example, finding suitable housing, meeting travel restrictions, or attending courses — speak to your probation officer as early as possible. They may be able to adjust things or refer you to other services for support.
The Risk of Recall
One of the hardest parts of being on licence is knowing that you can be recalled to prison. Recall can happen for two reasons: either you’ve been accused of breaching your licence conditions, or probation believes your risk has increased and you can’t be managed safely in the community.
Recalls aren’t always permanent. In some cases, you might be returned to custody for a fixed period before being released again, but for more serious breaches, you could stay inside until your original sentence expiry date. If you think a recall is unfair, there are routes to challenge it — but time limits are short, and it’s always better to avoid breaching in the first place if you can.
Balancing Freedom and Responsibility
Life on licence can feel restrictive at times, but it’s also a second chance — an opportunity to start rebuilding your life outside prison walls. Securing stable housing, rebuilding relationships, looking after your mental health, and accessing support for work, education, or training can all make a huge difference.
It’s normal to feel frustrated with the process, especially if conditions feel unfair or overly strict, but engaging with support services and sticking to the rules reduces the risk of recall and gets you closer to the finish line. For families and supporters, understanding how licence works helps you provide the right kind of encouragement without unintentionally making things harder.
Solicitors (1)
Sentencing Options Explained
Why Sentencing Happens
If you plead guilty or are found guilty after trial, the court has to decide what happens next. Sentencing isn’t just about punishment — it also aims to protect the public, rehabilitate offenders, and deter future offending.
Sentences can feel complex, but in most cases, they fall into one of a few main categories. Knowing the basics can make things clearer for you and your family.
Discharge — No Punishment, But Still a Record
Absolute Discharge:
- The court decides no punishment is needed.
- Rare, but can happen for very minor offences or where blame is minimal.
Conditional Discharge:
- No immediate punishment if you stay out of trouble for a set period (up to 3 years).
- If you commit another offence during that time, you can be sentenced for both.
Fines
- Fines are common for minor offences, especially in Magistrates’ Court.
- The amount depends on the seriousness of the offence and your ability to pay.
- The court can set payment plans if you can’t afford the full amount up front.
- Not paying fines can lead to enforcement action — even prison in extreme cases.
Community Orders
Community orders are designed to punish but also rehabilitate. The court can impose one or more “requirements,” such as:
- Unpaid Work (Community Service) — typically 40 to 300 hours, supervised.
- Rehabilitation Activity Requirements (RARs) — meetings, courses, or therapy aimed at addressing offending behaviour.
- Curfews / Electronic Tags — you may have to stay at home during certain hours.
- Exclusion Zones — banning you from certain places.
- Drug or Alcohol Treatment — compulsory testing or programmes if relevant.
Failing to comply can lead to harsher penalties, including custody.
Suspended Sentences
This is where the court imposes a prison sentence but “suspends” it for a set period (up to 2 years).
- You don’t go to prison straight away, but you must comply with conditions (like attending appointments, doing unpaid work, or following curfews).
- If you commit another offence or breach the order, the sentence can be “activated” — meaning you serve the original prison time plus anything for the new offence.
- A suspended sentence is still a criminal conviction and will show on a DBS check.
Immediate Custody (Prison Sentences)
If the court decides your offence is so serious that only prison is appropriate, you’ll be sentenced to custody.
How it works in England & Wales:
- Sentence length: Depends on the seriousness of the offence and your previous record.
- Automatic release:
- Sentences under 12 months → Usually serve half in prison, the rest on licence in the community.
- Sentences 12 months or longer → Usually serve half to two-thirds in custody, depending on offence type.
- Extended sentences → For some violent or sexual offences, you may serve more in prison before release.
- Life sentences & IPPs: Special rules apply, and parole decisions are involved.
Even after release, you’ll normally remain on licence — meaning probation supervises you and you must follow strict rules.
Young People (Under 18)
Sentences for young people are different and aim more at rehabilitation. Options include:
- Referral Orders — meeting with a youth offender panel to agree on a rehabilitation plan.
- Youth Rehabilitation Orders (YROs) — the youth equivalent of community orders, with tailored conditions.
- Detention & Training Orders (DTOs) — a mix of custody and supervised release.
Victim Surcharges, Costs & Compensation
Whatever sentence you receive, the court may also order:
- A Victim Surcharge — a set amount based on your sentence, used to fund victim services.
- Prosecution Costs — contributing towards the CPS’s costs.
- Compensation Orders — paying money directly to victims.
These are in addition to any fines or other penalties.
How Courts Decide: Sentencing Guidelines
Judges and magistrates follow official Sentencing Council guidelines. They look at:
- The seriousness of the offence.
- Any aggravating factors (weapons, repeat offending, targeting vulnerable victims).
- Any mitigating factors (genuine remorse, previous good character, mental health issues).
- Whether you pleaded guilty early.
Every case is different, but these rules keep sentences broadly consistent across England and Wales.
Practical Tips for Defendants & Families
- Ask your solicitor to explain likely sentencing ranges before trial or plea.
- If you’re worried about custody, ask about pre-sentence reports — these can influence whether you get community-based options.
- Make arrangements for children, pets, bills, and work before sentencing day if there’s a chance of custody.
- If you get a community or suspended sentence, stick to the conditions — breaching them makes things much worse.
Trial (1)
Sentencing Options Explained
Why Sentencing Happens
If you plead guilty or are found guilty after trial, the court has to decide what happens next. Sentencing isn’t just about punishment — it also aims to protect the public, rehabilitate offenders, and deter future offending.
Sentences can feel complex, but in most cases, they fall into one of a few main categories. Knowing the basics can make things clearer for you and your family.
Discharge — No Punishment, But Still a Record
Absolute Discharge:
- The court decides no punishment is needed.
- Rare, but can happen for very minor offences or where blame is minimal.
Conditional Discharge:
- No immediate punishment if you stay out of trouble for a set period (up to 3 years).
- If you commit another offence during that time, you can be sentenced for both.
Fines
- Fines are common for minor offences, especially in Magistrates’ Court.
- The amount depends on the seriousness of the offence and your ability to pay.
- The court can set payment plans if you can’t afford the full amount up front.
- Not paying fines can lead to enforcement action — even prison in extreme cases.
Community Orders
Community orders are designed to punish but also rehabilitate. The court can impose one or more “requirements,” such as:
- Unpaid Work (Community Service) — typically 40 to 300 hours, supervised.
- Rehabilitation Activity Requirements (RARs) — meetings, courses, or therapy aimed at addressing offending behaviour.
- Curfews / Electronic Tags — you may have to stay at home during certain hours.
- Exclusion Zones — banning you from certain places.
- Drug or Alcohol Treatment — compulsory testing or programmes if relevant.
Failing to comply can lead to harsher penalties, including custody.
Suspended Sentences
This is where the court imposes a prison sentence but “suspends” it for a set period (up to 2 years).
- You don’t go to prison straight away, but you must comply with conditions (like attending appointments, doing unpaid work, or following curfews).
- If you commit another offence or breach the order, the sentence can be “activated” — meaning you serve the original prison time plus anything for the new offence.
- A suspended sentence is still a criminal conviction and will show on a DBS check.
Immediate Custody (Prison Sentences)
If the court decides your offence is so serious that only prison is appropriate, you’ll be sentenced to custody.
How it works in England & Wales:
- Sentence length: Depends on the seriousness of the offence and your previous record.
- Automatic release:
- Sentences under 12 months → Usually serve half in prison, the rest on licence in the community.
- Sentences 12 months or longer → Usually serve half to two-thirds in custody, depending on offence type.
- Extended sentences → For some violent or sexual offences, you may serve more in prison before release.
- Life sentences & IPPs: Special rules apply, and parole decisions are involved.
Even after release, you’ll normally remain on licence — meaning probation supervises you and you must follow strict rules.
Young People (Under 18)
Sentences for young people are different and aim more at rehabilitation. Options include:
- Referral Orders — meeting with a youth offender panel to agree on a rehabilitation plan.
- Youth Rehabilitation Orders (YROs) — the youth equivalent of community orders, with tailored conditions.
- Detention & Training Orders (DTOs) — a mix of custody and supervised release.
Victim Surcharges, Costs & Compensation
Whatever sentence you receive, the court may also order:
- A Victim Surcharge — a set amount based on your sentence, used to fund victim services.
- Prosecution Costs — contributing towards the CPS’s costs.
- Compensation Orders — paying money directly to victims.
These are in addition to any fines or other penalties.
How Courts Decide: Sentencing Guidelines
Judges and magistrates follow official Sentencing Council guidelines. They look at:
- The seriousness of the offence.
- Any aggravating factors (weapons, repeat offending, targeting vulnerable victims).
- Any mitigating factors (genuine remorse, previous good character, mental health issues).
- Whether you pleaded guilty early.
Every case is different, but these rules keep sentences broadly consistent across England and Wales.
Practical Tips for Defendants & Families
- Ask your solicitor to explain likely sentencing ranges before trial or plea.
- If you’re worried about custody, ask about pre-sentence reports — these can influence whether you get community-based options.
- Make arrangements for children, pets, bills, and work before sentencing day if there’s a chance of custody.
- If you get a community or suspended sentence, stick to the conditions — breaching them makes things much worse.