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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.