## Introduction

If you are convicted of an offence in England and Wales, the court must choose the most suitable sentence. That decision turns on the seriousness of the offence, your plea, your personal circumstances, and what is needed to punish, deter, rehabilitate, and protect the public. Sentencing Council guidelines structure the process, and probation often provides a pre-sentence report to help the court decide between community-based options and custody.

This guide explains what the court can do, what you can expect day to day, and how to prepare.

## What You'll Learn

- How courts decide sentence type and length using guidelines
- The sentencing range: discharge, fine, community order, suspended sentence, and custody
- Common community order requirements (RAR days, unpaid work, DRR, curfew, sex offender programmes)
- Release on licence, Home Detention Curfew (tagging), breach and recall
- Life sentences, indeterminate and extended determinate sentences
- Costs, compensation, and the Victim Surcharge
- Ancillary orders such as restraining orders and driving bans
- How youth sentencing works (Referral Orders, YROs, DTOs)

## Core Concepts

### How courts decide the sentence

Courts follow Sentencing Council guidelines, which assess:

- Harm and culpability: What happened, how serious the outcome was, and your role.
- Aggravating factors: Previous convictions, offence on bail, use of a weapon, group offending, targeting a vulnerable person.
- Mitigating factors: Early guilty plea, remorse, previous good character, mental health, caring responsibilities, steps taken to address behaviour (e.g. treatment).
- Guilty plea credit: Pleading at the first realistic opportunity can reduce the sentence by up to one third, with smaller reductions for later pleas.
- Pre-sentence report (PSR): Probation can recommend community requirements, suitability for rehabilitation, or whether custody can be avoided.

The purposes of sentencing include punishment, reduction of crime, reform and rehabilitation, protection of the public, and making reparation to those affected.

### Sentencing range: from least to most serious

The options (from lowest to highest) are:

- Absolute discharge
  - No punishment is imposed. Used very rarely where punishment is not considered necessary. It is usually not treated as a conviction for most purposes and becomes spent straight away.
- Conditional discharge
  - No immediate punishment, but if you commit another offence within a set period, you can be resentenced for the original offence as well as the new one. If you stay out of trouble, there is no penalty. It becomes spent when the period ends.
- Fine
  - Means-tested and intended to be affordable, typically payable within about 12 months. The court often makes a Collection Order and gives 14 days to arrange payment. Contact the Fines Officer promptly if you need instalments. Non-payment can lead to enforcement and, in extreme cases, imprisonment in default.
- Community order
  - Used where the offence is “serious enough” for a community penalty but not “so serious” that immediate custody is required. Requirements are tailored to you, commonly:
    - Rehabilitation Activity Requirement (RAR) days: Attend probation to address offending behaviour and practical issues such as employment. The court may specify programme sessions.
    - Unpaid work: 40–300 hours, arranged around work or study. Non-compliance can mean more hours, a fine, or custody.
    - Drug Rehabilitation Requirement (DRR): Structured treatment and testing for serious drug problems (often Class A). Regular reviews by the court are common. Breach risks custody.
    - Curfew (tagging): Stay at a fixed address during set hours. Orders often run for up to six months, typically 2–12 hours per day (e.g. 8pm–7am).
    - Sex offender treatment: Courts may require attendance at accredited programmes (historically SOTP; many areas now use newer equivalents). Orders are often set long enough to complete the work.
    - Other options: Alcohol treatment, mental health treatment, anger management, domestic abuse programmes (e.g. Building Better Relationships).
- Custody (immediate) or Suspended Sentence Order (SSO)
  - Custody is a last resort when the “custody threshold” is passed and no community penalty can achieve the sentencing aims. In suitable cases, the court may suspend a sentence of up to two years for up to two years, often with community requirements attached. Breach or a new offence can lead to activation of all or part of the sentence.

### Custody, suspended sentences, and release

- Immediate custody
  - For standard determinate sentences, you will usually serve half in prison and half on licence in the community, subject to conditions.
  - Home Detention Curfew (HDC): For sentences under four years (and where eligible), you may be released before the halfway point with an electronic tag and a fixed-address curfew. The prison governor (on behalf of the Secretary of State) decides eligibility. Some offences are excluded.
- Licence, breach, and recall
  - While on licence, you must follow conditions (e.g. residence, curfew, reporting). Breach or committing another offence can lead to recall to prison. There are short recalls (often 14 or 28 days) for some cases and standard recall for higher risk. The Parole Board can review recalls.
- Post-sentence supervision (PSS)
  - For custodial sentences under two years, there will be licence and then, if needed, a period of post-sentence supervision so that total supervision in the community lasts 12 months. Conditions are enforceable and breach can lead to court action.

- Suspended Sentence Orders (SSOs)
  - The court sets the prison term and the suspension period (up to two years). It can also attach community requirements. Breach can result in activation of all or part of the suspended term, plus penalties for the breach itself.

### Serious offenders: life, indeterminate, and extended sentences

- Life sentence
  - Reserved for the most serious offences. The judge sets a minimum term (tariff) before the Parole Board can consider release. If released, you remain on life licence and can be recalled at any time.
- Indeterminate sentences (including historical IPP)
  - Some people sentenced before legal changes remain subject to indeterminate public protection sentences. Release depends on risk and Parole Board assessment.
- Extended Determinate Sentence (EDS)
  - Used for specified serious offences where the court finds a significant risk of serious harm from further offences. The judge imposes a custodial term plus an extended licence period. Release is usually at two thirds of the custodial term, or following Parole Board approval.

### Financial orders: costs, compensation, and Victim Surcharge

- Prosecution costs
  - In the Magistrates’ Court, a standard contribution is often ordered after a guilty plea (commonly around £85). After trial, costs are higher. Crown Court costs are assessed on the case.
- Compensation
  - Where there is injury, loss, or damage, the court must consider ordering compensation. This does not stop a civil claim but will be taken into account by a civil court.
- Victim Surcharge
  - A fixed amount linked to the sentence type, set by law and subject to change. This is payable in addition to any fine or costs.
- Collection Order
  - The court often makes a single order covering all sums (fine, costs, surcharge, compensation), with time to pay or instalments agreed via the Fines Officer.

### Ancillary orders

Depending on the offence, the court can impose protective or preventative orders, for example:

- Restraining orders (harassment or violence)
- Driving disqualification (motoring offences)
- Sexual Harm Prevention Orders (sexual offences)
- Forfeiture and destruction (weapons, drugs, or items used in the offence)
- Football Banning Orders (football-related disorder)
- Criminal Behaviour Orders (anti-social behaviour linked to offending)

### Youth sentencing in brief

For those aged under 18 at sentence:

- Youth Offending Team (YOT) involvement: The Youth Court relies on YOT assessments and proposals.
- Referral Order: Common for a first-time guilty plea. A contract is agreed with a youth offender panel to address behaviour.
- Youth Rehabilitation Order (YRO): A flexible community order with requirements tailored to the child or young person.
- Detention and Training Order (DTO): Custody for fixed terms (4, 6, 8, 10, 12, 18 or 24 months), with half spent in custody and half in the community.

## Key Examples or Case Studies

- First-time shop theft
  - Facts: No previous convictions, early guilty plea, low-value goods recovered.
  - Outcome: Conditional discharge for 12 months, £85 costs, compensation to the shop (if appropriate), and the Victim Surcharge. If no further offending within 12 months, no penalty is imposed.

- Drug-related offending with dependency
  - Facts: Theft linked to Class A drug use, genuine engagement with treatment before sentence.
  - Outcome: Community order with a DRR, RAR days for support with housing and work, and regular court reviews. Non-compliance risks resentencing and possible custody.

- Common assault with aggravating features
  - Facts: Single punch outside a pub; CCTV shows loss of temper; early guilty plea; strong employment record.
  - Outcome: 20-week sentence suspended for 18 months, 150 hours’ unpaid work, RAR days on anger management, compensation for injury. A further offence or breach can activate the 20 weeks.

- Domestic burglary
  - Facts: Previous convictions but recent positive steps; realistic address offered for curfew.
  - Outcome: 16 months’ immediate custody. After serving part of the term, consideration for HDC may arise (if eligible). Licence conditions on release include residence and non-contact with victims. Any breach or further offending can lead to recall.

- Harassment offence
  - Facts: Messages and unwanted contacts after a relationship ended.
  - Outcome: Community order with RAR days, restraining order prohibiting contact and attendance at certain locations, costs and surcharge. Breach of the restraining order is a separate offence.

## Practical Applications

- Before sentencing
  - Complete a means form (e.g. MC100) accurately to help the court set any fine and payment plan.
  - Gather mitigation: character references, proof of work or study, medical evidence, proof of caring responsibilities, and evidence of positive steps (treatment, courses, voluntary work).
  - Engage with probation for a pre-sentence report. Bring contact details and be transparent about your circumstances.
  - If a curfew or tagging is likely, prepare a stable address and the occupant’s consent.
  - If driving is central to your job, bring proof. For compensation, bring details of your finances and any offers made.

- In court
  - If pleading guilty, do so at the first realistic opportunity to maximise credit.
  - Ask your representative to refer to the correct guideline category range and propose a sentence within it.
  - If the custody threshold is passed, invite the court to suspend where appropriate by offering workable requirements and showing why you can comply.
  - Listen carefully to the terms of any order and ask if you do not understand a condition or deadline.

- After sentencing
  - For fines and costs, contact the Fines Officer within 14 days if instalments are needed. Keep proof of payments.
  - For community orders, attend every appointment and session. Keep a record of any illness or emergencies and inform probation ahead of time.
  - For curfew or tag, check equipment and times daily. Any absence must be pre-approved where possible.
  - For DRR or alcohol/mental health requirements, engage fully with treatment providers and keep attendance evidence.
  - If recalled to prison, seek advice promptly. You are entitled to a review and, where appropriate, a Parole Board hearing.

- Youth matters
  - Attend all YOT meetings and panel sessions. Parents or carers should engage with plans and support compliance.

## Summary Checklist

- Know the guideline category and range for your offence.
- Prepare mitigation and a realistic plan for community requirements.
- Complete the means form and sort payment arrangements early.
- Understand curfew/tag hours and comply from day one.
- Keep all probation and programme appointments; communicate problems immediately.
- If given a suspended sentence, remember that breach or a new offence can activate custody.
- On licence or PSS, follow conditions; breach can lead to recall or further court action.
- Expect costs, the Victim Surcharge, and compensation to be considered.
- For youths, work closely with the YOT; Referral Orders and YROs depend on active engagement.

## Quick Reference

| Sentence type         | Key points                                                    | Breach outcome                                        |
| --------------------- | ------------------------------------------------------------- | ----------------------------------------------------- |
| Absolute discharge    | No punishment; usually spent immediately                      | None (unless separate new offence)                    |
| Conditional discharge | No immediate penalty; risk of resentencing if you reoffend    | Resentencing for original offence plus new offence    |
| Fine                  | Means-tested; Collection Order; instalments via Fines Officer | Enforcement action; in default, possible imprisonment |
| Community order       | RAR, unpaid work, DRR, curfew, programmes                     | Tougher order, fine, or custody on resentencing       |
| Suspended sentence    | Custody held back; may include community requirements         | Activation of all or part of term plus penalties      |
| Custody (determinate) | Usually half in prison, half on licence; HDC possible         | Breach of licence can lead to recall to prison        |

Understanding Sentencing: What to Expect After a Conviction