A Comprehensive Guide on Suspended Sentence – Things that you should know!
The court imposes a suspended sentence when an offence or series of offences are justified to sentence a person to imprisonment of fewer than two years. Still, there are many reasons why one should refrain from serving the sentence with immediate effect.
It is a type of prison sentence where prompt custody is mandated; the offender will go to jail immediately, but if the custodial sentence has been suspended, the offender is being bargained within the community.
However, the conditions are that they should not commit further offences while in the “operations period” and should not comply with any “community requirements” attached to the order.
Defining law terms
- The operation period is when the suspended sentence hangs over the offender’s head, which can be six months to two years.
- Community requirement—The offender must undergo these aspects, which are part of the order. They can be disciplinary requirements, such as unpaid work, an electronically monitored curfew, or rehabilitation. Often, a blend of both is needed, i.e., to punish and rehabilitate.
- “Stand Alone” order—This is an occasional case in which the suspended sentence is not conditional, but the offender must remain out of trouble.
Why is it decided to suspend the sentence?
It has been seen that with the impact of a successful criminal solicitor London, who is assisting a defendant, can argue to suspend a sentence. There are many aspects to assess that would balance two sentences – a sentence of 12 months of immediate custody and another of 12 months of custody suspended for two years.
Here are the factors that point towards the suspended sentence:
- Realistic prospect of rehabilitation
- Immediate custody is bestowed, and it can have a detrimental impact on others.
- There is a solid personal mitigation.
- Here are the factors that point toward immediate custody:
- The offender can initiate a dangerous situation for the common public
- Appropriate punishment can be achieved through immediate custody
- There has been a record of poor obedience to court orders.
The solicitor must gather all the materials supporting a suspended sentence and be skilled enough to deal with concerns that can lead to immediate custody.
What offences can be suspended?
Many offences can result in suspended sentences, and mostly, these are non-prisonable, such as driving without insurance or having a sentence fixed by law, such as lifetime imprisonment for murder.
A person can be sentenced to under two years for many offences. Thus, a suspended sentence is considered, such as fraud, theft by an employee, assault, bodily harm, possession of cannabis or supplying them, etc.
What happens if there is a breach in a suspended sentence?
If a breach occurs in a suspended sentence, it would trigger the custodial part of the sentence, but it does not imply instantaneous custody. Instead, if it is announced to be a serious matter, the court can make an alternative decision by modifying the terms of the suspended sentence.
Summing it up:
A court can decide to impose a financial penalty, extend the period of supervision, or increase the duration of community requirements. While facing a criminal offence can be frightening, only the London Criminal Defence Lawyer has the knowledge to help you deal with the situation.
