Sentencing - Concurrent and consecutive sentences

Learning Outcomes

After studying this article, you will be able to explain the difference between concurrent and consecutive sentences, identify the legal principles and statutory guidance that govern their use, and apply the totality principle to sentencing scenarios involving multiple offences. You will also understand how suspended sentences interact with new offences and how courts determine the structure of multiple sentences in practice.

SQE1 Syllabus

For SQE1, you are required to understand the principles and procedures relating to sentencing when a defendant is convicted of multiple offences. In your revision, focus on:

• the distinction between concurrent and consecutive sentences
• the statutory and guideline framework for deciding sentence structure
• the operation of the totality principle in sentencing
• how suspended sentences are activated and combined with new sentences
• practical application of these rules to sentencing scenarios

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. What is the totality principle, and how does it affect the decision to impose concurrent or consecutive sentences?
2. In what circumstances will a court usually impose concurrent sentences rather than consecutive sentences?
3. What happens if an offender commits a new offence during the operational period of a suspended sentence?
4. Can the court order the activation of a suspended sentence to run concurrently with a new custodial sentence?

Introduction

When a defendant is convicted of more than one offence, the court must decide whether to impose sentences that run at the same time (concurrent) or one after the other (consecutive). This decision is guided by statutory provisions, sentencing guidelines, and the overarching totality principle, which ensures that the overall sentence is just and proportionate to the total offending. Understanding these rules is essential for advising clients and for answering SQE1 questions on sentencing.

Concurrent and Consecutive Sentences: The Core Principles

When sentencing for multiple offences, the court must decide whether to order the sentences to run concurrently or consecutively. The choice is not arbitrary; it is determined by the relationship between the offences, the facts of the case, and the need to ensure a fair and proportionate outcome.

Key Term: concurrent sentence A sentence that runs at the same time as another sentence. The offender serves all sentences simultaneously, with the longest sentence dictating the total time in custody.

Key Term: consecutive sentence A sentence that starts after another sentence finishes. The offender serves each sentence in turn, resulting in a longer total period in custody.

When Are Concurrent Sentences Used?

Concurrent sentences are generally imposed when:

• the offences arise out of the same incident or facts
• the offences are part of a single course of conduct against the same victim
• the overall criminality can be reflected by the longest sentence alone

When Are Consecutive Sentences Used?

Consecutive sentences are usually imposed when:

• the offences are unrelated in time, place, or victim
• the offences are distinct and separate, not part of the same incident
• concurrent sentences would not reflect the overall seriousness of the offending

Worked Example 1.1

Scenario:
Sam is convicted of two assaults committed during a single fight. The court imposes 12 months for the first assault and 6 months for the second.

Answer:
The court will usually order the sentences to run concurrently, as both offences arise from the same incident. Sam will serve a total of 12 months.

Worked Example 1.2

Scenario:
Maria is convicted of burglary committed in January and fraud committed in June, involving different victims and circumstances.

Answer:
The court will likely impose consecutive sentences, as the offences are unrelated. If Maria receives 18 months for burglary and 12 months for fraud, she will serve a total of 30 months.

The Totality Principle

The totality principle requires the court to review the aggregate sentence to ensure it is just and proportionate to the overall offending. The court must avoid a sentence that is either too lenient or "crushing" in its effect.

Key Term: totality principle The requirement that the total sentence imposed for multiple offences must be fair and proportionate to the overall criminality.

Exam Warning

The court must always apply the totality principle when sentencing for multiple offences. Failing to do so may result in an appeal against sentence.

Statutory and Guideline Framework

The Sentencing Code 2020 and the Sentencing Council guidelines provide the legal framework for structuring multiple sentences. The guidelines set out when concurrent or consecutive sentences are appropriate and emphasize the importance of the totality principle.

Factors Influencing the Court's Decision

• Whether the offences are linked by facts, time, or victim
• The seriousness and harm caused by each offence
• Whether the offences are part of a single course of conduct or are distinct
• The need to ensure the total sentence is not excessive or insufficient

Suspended Sentences and New Offences

If an offender commits a new offence during the operational period of a suspended sentence, the court must consider activating the suspended sentence in addition to sentencing for the new offence.

Key Term: suspended sentence A custodial sentence that is not immediately served, provided the offender does not commit another offence during the operational period and complies with any requirements.

Activation of a Suspended Sentence

If the court activates a suspended sentence, it must decide whether the activated sentence should run concurrently or consecutively with any new custodial sentence.

• If the new offence is unrelated to the original offence, sentences will usually run consecutively.
• If the new offence is closely linked to the original offence, the court may order concurrent sentences, but this is less common.

Worked Example 1.3

Scenario:
Liam receives a suspended sentence of 8 months for theft, with an operational period of 18 months. Six months later, he is convicted of affray and sentenced to 12 months' immediate custody.

Answer:
The court will usually activate the suspended sentence and order it to run consecutively to the new sentence, resulting in a total of 20 months.

Extended and Life Sentences

For certain violent or sexual offences, the court may impose extended sentences or life sentences. When multiple extended or life sentences are imposed, the court must decide whether minimum terms or custodial periods run concurrently or consecutively, guided by the same principles.

• Minimum terms for life sentences may run concurrently if offences are closely linked.
• Extended licence periods usually run concurrently to avoid disproportionate post-release supervision.

Sentencing in Practice: Key Considerations

• The court must always explain its reasoning for ordering sentences to run concurrently or consecutively.
• The total sentence must reflect the overall criminality but not be excessive.
• The structure of sentences affects parole eligibility, release dates, and the practical impact on the offender.

Revision Tip

When answering SQE1 questions, always identify whether the offences are linked or separate, and apply the totality principle to determine the likely sentence structure.

Summary

Key Point Checklist

This article has covered the following key knowledge points:

• The difference between concurrent and consecutive sentences.
• The totality principle ensures the overall sentence is fair and proportionate.
• Concurrent sentences are used for offences arising from the same incident or facts.
• Consecutive sentences are used for unrelated or distinct offences.
• Courts must explain their decision and apply the totality principle in all cases.
• If a suspended sentence is activated due to a new offence, it usually runs consecutively to the new sentence.

Key Terms and Concepts

• concurrent sentence
• consecutive sentence
• totality principle
• suspended sentence