Courts in England and Wales have a range of sentencing options, from absolute discharges at the lowest end to life imprisonment at the most serious. The sentence imposed must be proportionate to the seriousness of the offence and take into account the circumstances of the offender. This guide explains each type.

Absolute Discharge

An absolute discharge means the court finds the offence proved but considers that no punishment is necessary. The defendant is convicted, and the conviction is recorded, but no further action is taken. This is used for the most trivial offences where the circumstances do not warrant any penalty.

An absolute discharge is spent immediately for the purposes of the Rehabilitation of Offenders Act 1974, meaning it does not need to be disclosed in most circumstances.

Conditional Discharge

A conditional discharge means no punishment is imposed, provided the offender does not commit a further offence within a specified period (up to 3 years). If a further offence is committed during that period, the court can sentence the offender for the original offence as well as the new one.

Conditional discharges are used for minor offences where the court considers that the risk of reoffending is low but wants to retain the ability to punish if the offender does reoffend. The conviction is recorded and becomes spent at the end of the discharge period.

Fines

Fines are the most common sentence imposed by courts in England and Wales. The amount is based on the seriousness of the offence and the offender's financial means.

In the magistrates' court, fines for summary offences follow the standard scale:

• 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 £5,000 cap)

In the Crown Court, there is no statutory maximum fine for most offences. The court must inquire into the offender's financial circumstances before fixing the amount. If the offender fails to pay, the court may use enforcement methods including attachment of earnings, deduction from benefits, or (as a last resort) imprisonment in default.

Community Orders

A community order is a non-custodial sentence that imposes one or more requirements on the offender. The Sentencing Act 2020 lists the available requirements:

• Unpaid work (40 to 300 hours of community service)
• Curfew with electronic monitoring (tag)
• Supervision by a probation officer
• Programme requirement (e.g. anger management, substance misuse)
• Drug rehabilitation requirement
• Alcohol treatment requirement
• Mental health treatment requirement
• Residence requirement
• Exclusion requirement
• Attendance centre requirement (for offenders under 25)

The requirements must be proportionate to the offence. Breach of a community order can lead to resentencing, which may include a custodial sentence.

Suspended Sentences

A suspended sentence is a custodial sentence of up to 2 years that is not served immediately. Instead, the sentence is suspended for a period of up to 2 years (the operational period). During this time:

• The offender must not commit a further offence (the operational period)
• The offender may be required to comply with one or more community order requirements during a supervision period

If the offender complies with all conditions and does not reoffend, the custodial sentence is not activated and the offender does not go to prison. If the offender breaches the conditions or commits a further offence, the court may activate the suspended sentence in full, in part, or extend the operational period.

Immediate Custody

Immediate custody means the offender goes to prison at the point of sentence. The Sentencing Act 2020 requires the court to be satisfied that the offence is so serious that neither a fine alone nor a community sentence can be justified.

Key points about custodial sentences:

• Most prisoners are released at the halfway point of their sentence
• For sentences of 4 years or more, release is typically at two-thirds (following recent legislative changes)
• Time spent on remand (in custody before sentencing) counts towards the sentence
• On release, the offender serves the remainder on licence in the community

For offenders under 18, custodial sentences take different forms: Detention and Training Orders for less serious offences, and detention under section 250 of the Sentencing Act 2020 for the most serious.

Extended Sentences

Extended sentences are available for offenders convicted of specified violent or sexual offences where the court assesses there is a significant risk of serious harm from further offending. An extended sentence has two components:

• A custodial term (served in prison, with release at two-thirds or later with Parole Board approval)
• An extended licence period (up to 5 years for violent offences, up to 8 years for sexual offences)

The purpose is to ensure that dangerous offenders are supervised in the community for a longer period than would normally apply.

Life Sentences

A life sentence means the offender is subject to the sentence for the remainder of their natural life. There are two categories:

• Mandatory life: The only sentence available for murder. The judge sets a minimum term (tariff) that must be served before the offender can be considered for release by the Parole Board.
• Discretionary life: Available for serious offences (such as manslaughter, rape, or robbery) where the court concludes that the offender poses a significant risk and that the offence justifies such a severe sentence. Again, a minimum term is set.

After the minimum term is served, release is not automatic. The Parole Board must be satisfied that the offender no longer poses a risk to the public. If released, the offender remains on licence for life and can be recalled to prison at any time.

A whole life order (a life sentence with no minimum term) means the offender will never be released. These are reserved for the most serious murders.

Ancillary Orders

In addition to the main sentence, the court may impose ancillary orders:

• Compensation order: Requires the offender to pay compensation to the victim for injury, loss, or damage
• Confiscation order: Under the Proceeds of Crime Act 2002, the court can confiscate the financial benefit the offender obtained from criminal conduct
• Restraining order: Prohibits the offender from contacting or approaching the victim
• Sexual harm prevention order (SHPO): Restricts the activities of a convicted sex offender
• Criminal behaviour order (CBO): Imposes prohibitions or requirements to prevent anti-social behaviour
• Disqualification from driving: Can be imposed for motoring offences and certain other offences
• Deprivation order: Authorises the forfeiture of property used in connection with the offence

For more on how the court decides which sentence to impose, see How Sentencing Works. For information on your rights during the sentencing process, see Your Rights. For the legislation governing sentencing, see our Key Legislation page.