Carpenters Solicitors explain how suspending sentencing works

At the point where a sentence is handed down, depending on the nature and seriousness of the offence in question, and based on the facts of the case, including any mitigating circumstances, there are a number of different sentencing options. These are, in order of severity, custodial sentences, community orders, fines, and discharges which are either conditional or absolute.

According to Carpenters Solicitors (http://www.imerseyside.co.uk/profile/417881/Birkenhead/Carpenters-Solicitors/), there are different thresholds which must be passed for a sentence to move towards the most severe category, that is, custody. This custodial threshold is passed when the judge who has heard the trial decides that this is the only punishment which would be appropriate under the circumstances, so as to achieve the criminal justice system’s objectives to prevent re-offending, rehabilitate and to punish.

In cases where this custody threshold has been passed and the judge is considering imposing a sentence of between two weeks and twelve months imprisonment, Carpenters Law says that the judge may choose to suspend the sentence. A suspended sentence can only be passed for those who are aged over 21 if being tried as an adult, and those aged 18 or under if being tried as a youth.

If the judge decides that a suspended sentence is the best course of action, he or she must then set out a suspension period, otherwise known as an operational period; this could be between six and twenty-four months. For instance, a typical suspended sentence might be eleven months for a two year initial sentence. This, Carpenters Solicitors explains, means that during the two years for which the prison sentence has been suspended, the custodial term could still be imposed if the offender is non-compliant, or re-offends.

When a suspended sentence is passed, Carpenters Law says that the court may also decide to order the offender to comply with specific requirements during the operational period. These requirements may include a curfew, entering a drug rehabilitation programme, carrying out unpaid work or not engaging in specific activities for the length of the suspended sentence.