When a defendant is convicted of a criminal offence, the court must decide what penalty to impose. The range of available penalties is set out primarily in the Sentencing Act 2020, which consolidated and replaced much of the previous sentencing legislation. The appropriate penalty depends on the seriousness of the offence, the circumstances of the offender, and the sentencing guidelines issued by the Sentencing Council.

Penalties in English law are not simply punishments. The purposes of sentencing, as set out in section 57 of the Sentencing Act 2020, include: the punishment of offenders, the reduction of crime (including by deterrence), the reform and rehabilitation of offenders, the protection of the public, and the making of reparation by offenders.

Custodial Sentences

A custodial sentence is the most severe penalty the court can impose. It involves the loss of the offender's liberty for a specified period. Custody is reserved for the most serious offences: section 230 of the Sentencing Act 2020 provides that a court must not impose a custodial sentence unless it is of the opinion that the offence (or combination of offences) was so serious that neither a fine alone nor a community sentence can be justified.

Immediate Custody

An immediate custodial sentence means the offender is taken to prison (or a young offender institution) straight from court. Sentences of 12 months or more are divided into a custodial period and a licence period. Under sections 244 to 268 of the Criminal Justice Act 2003, most determinate sentence prisoners are released automatically at the halfway point and serve the remainder on licence in the community, subject to conditions and the possibility of recall to prison.

Suspended Sentences

A suspended sentence is a custodial sentence of between 14 days and 2 years that is not served immediately. Under section 286 of the Sentencing Act 2020, the court orders that the sentence be held in suspension for a period of between 6 months and 2 years (the operational period). During this time, the offender must not commit a further offence. The court may also impose requirements (the same types available for community orders). If the offender breaches the conditions or commits a further offence during the operational period, the court may activate the custodial sentence.

Community Orders

A community order is a sentence served in the community, subject to one or more requirements. It is available under section 200 of the Sentencing Act 2020 for offences that are serious enough to warrant a community sentence but not so serious as to require custody.

The requirements that may be attached to a community order are set out in sections 200 onwards of the Sentencing Act 2020 and include:

• Unpaid work requirement: between 40 and 300 hours of unpaid work, to be completed within 12 months.
• Rehabilitation activity requirement: participation in activities directed by a responsible officer, aimed at reducing reoffending.
• Programme requirement: participation in a specified accredited programme designed to address offending behaviour.
• Drug rehabilitation requirement: treatment for drug dependency, with regular testing.
• Alcohol treatment requirement: treatment for alcohol dependency.
• Mental health treatment requirement: treatment by a registered medical practitioner or chartered psychologist.
• Curfew requirement: the offender must remain at a specified place for specified hours (monitored by electronic tag).
• Exclusion requirement: the offender is prohibited from entering a specified place.
• Residence requirement: the offender must reside at a specified place.
• Attendance centre requirement: for offenders under 25, attendance at a centre for a specified number of hours.

A community order lasts for a period specified by the court, and the offender is supervised by the Probation Service. Breach of a community order can result in the court imposing additional requirements, extending the order, or revoking it and resentencing for the original offence.

Fines

A fine is a financial penalty. For offences tried on indictment (in the Crown Court), there is no statutory maximum: the fine is at the court's discretion and should reflect the seriousness of the offence and the offender's means. For summary offences (tried in the magistrates' court), fines are generally subject to the standard scale set out in section 122 of the Sentencing Act 2020:

• Level 1: up to £200
• Level 2: up to £500
• Level 3: up to £1,000
• Level 4: up to £2,500
• Level 5: unlimited (since the Legal Aid, Sentencing and Punishment of Offenders Act 2012 removed the previous £5,000 cap)

Courts must take into account the offender's financial circumstances when setting the amount of a fine. Under section 125 of the Sentencing Act 2020, a fine should reflect both the seriousness of the offence and the offender's ability to pay. Courts may allow time to pay or order payment by instalments.

Discharges

Where a court considers that punishment is inexpedient, it may discharge the offender. There are two types:

Absolute discharge (section 79 of the Sentencing Act 2020): the court convicts the offender but imposes no penalty. This is used where the offence is minor and the circumstances make any punishment inappropriate.

Conditional discharge (section 80 of the Sentencing Act 2020): the offender is discharged for a specified period of up to 3 years. If the offender commits a further offence during this period, the court may sentence them for the original offence in addition to the new one.

Compensation Orders

Under section 133 of the Sentencing Act 2020, a court may order the offender to pay compensation to the victim for any personal injury, loss, or damage resulting from the offence. In cases involving personal injury, loss, or damage, the court must consider making a compensation order and must give reasons if it decides not to. Compensation orders take priority over fines where the offender's means are limited.

Confiscation Orders

Confiscation orders are made under the Proceeds of Crime Act 2002. Where a defendant has been convicted in the Crown Court, the prosecution or the court may initiate confiscation proceedings. The court determines the benefit the defendant has obtained from criminal conduct and the recoverable amount, then makes an order requiring the defendant to pay that amount. Default sentences (imprisonment for non-payment) can be imposed, and they do not extinguish the debt. Confiscation orders are distinct from criminal fines: they aim to strip the offender of the proceeds of crime rather than to punish.

Driving Disqualifications

The Road Traffic Offenders Act 1988 provides for disqualification from driving as a penalty for road traffic offences. Disqualification is mandatory for certain offences (including causing death by dangerous driving and drink-driving) and discretionary for others. Section 34 sets out the periods of obligatory disqualification. Section 35 provides for disqualification where a driver accumulates 12 or more penalty points within three years (the "totting up" procedure). The court may also disqualify an offender from driving as a general penalty under section 163 of the Sentencing Act 2020, even where the offence is not a driving offence.

Restraining Orders

Under section 360 of the Sentencing Act 2020 (which replaces the earlier provisions in the Protection from Harassment Act 1997), a court may make a restraining order to protect a victim from the offender. Restraining orders prohibit the offender from doing specified things (such as contacting the victim or going to certain places) and can be made on conviction or, in certain circumstances, on acquittal. Breach of a restraining order is a criminal offence carrying a maximum sentence of 5 years' imprisonment.

Sexual Harm Prevention Orders

Sexual harm prevention orders (SHPOs) are made under section 343 of the Sentencing Act 2020. They are available following conviction for a sexual offence listed in Schedule 3 or Schedule 5 to the Sexual Offences Act 2003. An SHPO may prohibit the offender from doing anything the court considers necessary to protect the public from sexual harm: for example, restrictions on contact with children, internet usage, or travel abroad. An SHPO must be for a fixed period of at least 5 years or until further order. Breach is a criminal offence.

Other Ancillary Orders

Courts have power to make a range of additional orders, including:

• Forfeiture orders: the court may order the forfeiture of property used in, or obtained through, the commission of an offence.
• Deprivation orders: under section 153 of the Sentencing Act 2020, the court may deprive the offender of property used or intended for use in connection with the offence.
• Criminal behaviour orders: under section 330 of the Sentencing Act 2020, prohibiting specified conduct to prevent anti-social behaviour.
• Serious crime prevention orders: under the Serious Crime Act 2007, imposing restrictions to prevent involvement in serious crime.

For an explanation of how courts decide which penalty to impose, see The Sentencing Process. For the statutes that govern penalties, see Key Legislation. For further reference, visit Penalties.uk.