Frequently Asked Questions
Answers to common questions about criminal sentencing
Below are answers to the questions most frequently asked about criminal sentencing in England and Wales: how sentences are decided, what happens in prison, and where to get help.
What sentence will I get?
No one can predict a sentence with certainty. The sentence depends on the offence, the Sentencing Council guidelines, the level of culpability and harm, any aggravating or mitigating factors, and whether you pleaded guilty. The guidelines provide a starting point and category range for each offence, but the judge retains discretion to adjust within (and sometimes outside) that range.
How does the guilty plea reduction work?
A guilty plea at the first reasonable opportunity attracts a reduction of up to one-third off the sentence. The reduction decreases on a sliding scale the later the plea is entered. A plea at the door of the court (on the day of trial) attracts a maximum reduction of one-tenth. No reduction is given after the trial has begun. The framework is set out in the Sentencing Council's Reduction in Sentence for a Guilty Plea guideline (2017).
What is a suspended sentence?
A suspended sentence is a custodial sentence of up to 2 years that is not served immediately. It is suspended for an operational period of up to 2 years, during which the offender must not reoffend. The court may also impose supervision requirements (similar to a community order). If the offender breaches the conditions or commits a further offence, the court can activate the suspended sentence and send the offender to prison.
Can I appeal my sentence?
From the magistrates' court, you can appeal to the Crown Court within 21 days. The Crown Court conducts a complete rehearing. From the Crown Court, you apply to the Court of Appeal within 28 days. Permission (leave) to appeal is required, and you must show the sentence was wrong in principle or manifestly excessive.
What is the unduly lenient sentence scheme?
Anyone can ask the Attorney General to review a Crown Court sentence within 28 days of sentencing if they believe it is unduly lenient. The Attorney General decides whether to refer the case to the Court of Appeal. If referred, the Court of Appeal can increase the sentence. The scheme applies only to specified serious offences.
How long will I actually serve in prison?
Most prisoners serving standard determinate sentences are released at the halfway point. For sentences of 4 years or more, release is typically at two-thirds (following recent legislative changes). Prisoners serving life sentences are not eligible for release until their minimum term (tariff) has been served, and then only with the approval of the Parole Board. Home Detention Curfew (electronic tag) may allow release up to 135 days early.
What is a pre-sentence report?
A pre-sentence report (PSR) is prepared by the National Probation Service at the request of the court. It assesses the offender's circumstances, the risk they pose, and recommends a suitable sentence. The court is not bound by the recommendation, but it must consider the report. PSRs are routinely ordered for serious offences and where custody is being considered.
What is a community order?
A community order is a non-custodial sentence that imposes one or more requirements on the offender: unpaid work, curfew, programme attendance, drug or alcohol treatment, mental health treatment, or supervision. The requirements must be proportionate to the offence. Breach of a community order can lead to resentencing, which may include custody.
What happens to my job if I go to prison?
Your employer may dismiss you for conduct, and there is no automatic right to return to your job. After release, the Rehabilitation of Offenders Act 1974 limits the period during which you must disclose your conviction to prospective employers. Nacro (nacro.org.uk) provides advice and support on employment after conviction.
Can a sentence be increased after it is given?
Rarely. The unduly lenient sentence scheme allows the Court of Appeal to increase a Crown Court sentence on referral by the Attorney General. Sentencing errors can be corrected by the original court within 56 days (the "slip rule"). Otherwise, once a sentence is pronounced, it is final.
What rights do victims have in sentencing?
Victims can make a victim personal statement (VPS) describing the impact of the crime, which is read to the court before sentencing. The Victim Contact Scheme provides information about the offender's sentence and release for serious offences. The Code of Practice for Victims of Crime sets out the services victims are entitled to. The court may also make a compensation order requiring the offender to pay compensation to the victim.
Where can I get legal advice about sentencing?
At the magistrates' court, a duty solicitor is available free of charge. For Crown Court cases, legal aid is available (subject to a means test). You can find a solicitor through the Law Society's Find a Solicitor service (solicitors.lawsociety.org.uk). Citizens Advice (citizensadvice.org.uk) provides general guidance on the criminal justice system.
For a deeper dive into the sentencing process, see How Sentencing Works. For details on specific sentence types, see Types of Sentence.