Frequently Asked Questions
Common questions about criminal penalties, fines, community orders, and prison sentences
Below are answers to the questions most frequently asked about criminal penalties and the sentencing process in England and Wales.
What are the main types of criminal penalty in England and Wales?
The main types are: custodial sentences (immediate prison or suspended), community orders (served in the community with requirements such as unpaid work or curfews), fines, discharges (absolute or conditional), compensation orders (requiring the offender to pay the victim), and confiscation orders (stripping proceeds of crime). Courts may also impose ancillary orders such as restraining orders, driving disqualifications, and sexual harm prevention orders.
What is a suspended sentence?
A suspended sentence is a custodial sentence of between 14 days and 2 years that is not served immediately. The court suspends the sentence for a period of between 6 months and 2 years (the operational period). If the offender commits a further offence or breaches any conditions during this period, the court may activate the custodial sentence. The court may also attach requirements to a suspended sentence, such as unpaid work or a curfew.
How does early release from prison work?
Most prisoners serving determinate sentences are released automatically at the halfway point under sections 244 to 268 of the Criminal Justice Act 2003. After release, the offender serves the remainder of the sentence on licence in the community, subject to conditions. If the offender breaches their licence conditions or commits a further offence, they can be recalled to prison to serve more or all of the remaining sentence.
What is a community order?
A community order is a sentence served in the community. The court attaches one or more requirements, which may include unpaid work (40 to 300 hours), a curfew (monitored by electronic tag), drug or alcohol treatment, a rehabilitation activity requirement, a mental health treatment requirement, or supervision by the Probation Service. Breach of a community order can lead to the court imposing additional requirements, extending the order, or resentencing for the original offence.
What is the maximum fine a court can impose?
For offences tried on indictment (in the Crown Court), there is no statutory maximum: the fine is at the court's discretion. For summary offences (in the magistrates' court), fines are subject to the standard scale, which ranges from Level 1 (up to £200) to Level 5 (unlimited, since the Legal Aid, Sentencing and Punishment of Offenders Act 2012 removed the previous £5,000 cap). The court must take the offender's financial circumstances into account when setting the amount.
What is a conditional discharge?
A conditional discharge means the court convicts the offender but imposes no penalty, on the condition that the offender does not commit a further offence within a specified period (up to 3 years). If the offender commits a further offence during this period, the court may sentence them for the original offence as well as the new one. A conditional discharge is used where the offence is minor and the court considers that punishment is not necessary.
What is a confiscation order?
A confiscation order is made under the Proceeds of Crime Act 2002. Where a defendant has been convicted in the Crown Court, the court determines the financial benefit the defendant obtained from criminal conduct and makes an order requiring them to pay that amount. A default sentence (imprisonment for non-payment) can be imposed, but serving the default sentence does not extinguish the debt. Confiscation orders aim to strip offenders of the proceeds of crime.
How does the guilty plea reduction work?
Under section 73 of the Sentencing Act 2020, the court must reduce the sentence to reflect a guilty plea. The maximum reduction is one-third, which applies where the plea is entered at the first stage of proceedings. A plea entered after the first stage but before the trial date attracts a reduction of one-quarter. A plea on the day of trial attracts a reduction of one-tenth. The Sentencing Council's guideline on guilty pleas sets out the detail.
What happens if an offender breaches a community order?
If an offender fails to comply with the requirements of a community order, the Probation Service may bring the matter back to court. The court may: impose more onerous requirements, extend the order (up to a maximum of 3 years from the date of the original order), or revoke the order and resentence the offender for the original offence. The court takes into account the extent to which the offender has complied with the order.
What are sentencing guidelines?
Sentencing guidelines are published by the Sentencing Council under the Coroners and Justice Act 2009. They provide a structured approach to sentencing for individual offences, setting out how to assess the seriousness of the offence (by reference to culpability and harm), the starting point and range for the sentence, and the aggravating and mitigating factors to consider. Courts must follow the guidelines unless it would be contrary to the interests of justice to do so.
Can a sentence be appealed as too lenient?
Yes. Under sections 35 and 36 of the Criminal Justice Act 1988, the Attorney General may refer a Crown Court sentence to the Court of Appeal as "unduly lenient." The Court of Appeal may then increase the sentence. This power is limited to specified offences (serious offences such as murder, rape, robbery, and certain drug offences). The scheme does not apply to sentences imposed by magistrates' courts.
What is a pre-sentence report?
A pre-sentence report (PSR) is prepared by the Probation Service to help the court decide the appropriate sentence. It assesses the offender's background, the nature and seriousness of the offending, the risk of further offending, the risk of harm to the public, and the suitability of available sentences. Under section 30 of the Sentencing Act 2020, the court must normally obtain and consider a PSR before imposing a custodial or community sentence.
What is the totality principle?
When an offender is sentenced for more than one offence at the same time, the totality principle requires the court to consider whether the overall sentence is just and proportionate to the totality of the offending. This may mean making some sentences concurrent (running at the same time) rather than consecutive (one after another), or adjusting individual sentences so that the total is not excessive. The Sentencing Council has published a definitive guideline on totality.
What is a Newton hearing?
A Newton hearing occurs when a defendant pleads guilty but disputes the prosecution's version of the facts, and the dispute is significant enough to affect the sentence. The judge hears evidence and decides the factual basis for sentencing. The name comes from R v Newton (1982) 77 Cr App R 13. If the judge finds against the defendant, the full guilty plea credit may be reduced.
For a detailed explanation of penalty types, see Types of Penalties. For the process courts follow when sentencing, see The Sentencing Process. For links to sentencing bodies and support services, see our Directory.