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What is a suspended prison sentence in the UK?

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If you are given a custodial sentence, the judge or magistrates presiding over your case may choose to ‘suspend’ this sentence for up to two years. This will depend on your circumstances and if certain criteria are fulfilled. We have obtained hundreds of suspended prison sentences where custody was ordered.

There is, understandably, some confusion surrounding suspended prison sentences in the UK, including when they will be used, how long they will last and what actually happens once a sentence is suspended.

In this article, we take a closer look at some of these issues and explain what the potential consequences may be if you are subject to a suspended prison sentence, and you break the terms that have been set out.  

While we hope this information is useful, please note, it should not be taken as legal advice. If you need legal support with suspended prison sentences, then please get in touch and our team can advise you.

What does ‘suspended prison sentence’ mean?

If you have been found guilty of committing a criminal offence and are handed a custodial sentence of between 14 days and two years (or six months in the Magistrates’ Court), the judge or magistrates may choose to suspend this sentence.

If you are subject to a suspended prison sentence in the UK, you will not go to prison immediately. Instead, suspended sentence guidelines indicate that you will serve a sentence ‘in the community’ while, if ordered, having to comply with up to 13 requirements set by the court. Sometimes, a standalone suspended sentence may be ordered with no requirements.

When can a suspended prison sentence be used?

As mentioned above, a suspended prison sentence can only be used if a custodial sentence is between 14 days and two years, or 14 days and six months if a trial takes place in the Magistrates’ Court.

When deciding whether a sentence can be suspended, the court or magistrates will consider the individual circumstances of both the offence and the offender.

For example, they may assess whether there is a realistic prospect of rehabilitation, an offender presents any risk to the general public, and what the impact of a prison sentence will be for anyone else.

How long can a suspended prison sentence last?

A sentence can be suspended for a maximum of two years.

What conditions can be imposed on a suspended prison sentence?

Suspended sentence conditions will vary depending on the nature of the offence and the offender’s background.

Common suspended sentence conditions that will often be imposed include, but are not limited to:

  • Carrying out unpaid work
  • Being subject to a curfew
  • Staying away from a certain location, known as an exclusion requirement
  • Completing a treatment programme for alcohol or drugs
  • Completing an alternative rehabilitation activity requirement

What happens if I breach the order?

If the requirements set out as part of the suspended sentence are broke, the court will usually activate the original custodial sentence.

That said, the court will take into account how serious the breach of a suspended sentence was and how far you have previously complied with the requirements. This means that, in some cases, it is possible that the court may respond to a breach of a suspended sentence by imposing stricter requirements, or by issuing a fine instead of activating the custodial sentence.

Sentencing Council indicates that, if you are convicted of another crime during the suspension period, the nature of this new offence will become the court’s primary consideration. Whilst considering this new offence, the court will then also seek to clarify how far you complied with the requirements under the suspended sentence order. The starting point is activation of the suspended sentence.

Credit for guilty plea

In short, where a guilty plea is indicated at the first stage of proceedings, you could receive a reduction from 1/3 of penalty. Pleading guilty early could lead to the benefit of a sentencing reduction, which may increase the potential for a suspended sentence being handed out.

More information regarding the potential outcomes for indicating a guilty plea can be found here.

Should I speak to a solicitor about suspended prison sentences?

If you are accused of a criminal offence, the prospect of receiving a custodial sentence can be extremely daunting. It is important to understand that having expert legal advice on your side can be the difference between a sentence being suspended or not.

In every case, it is highly recommended that you work with a solicitor that has specific experience and expertise with the offence you are being accused of committing.

At JD Spicer Zeb, our expert criminal defence solicitors have more than 45 years of expertise and are Law Society accredited in Criminal Litigation. With a strong track record of success behind us, we also have close relationships with many of the country’s leading criminal defence barristers.

This all means that we are in the best possible position to advise you on the details of your case and will be able to guide you on the most suitable approach – including the steps that may need to be taken to secure a suspended sentence.

Related pages

Please note that our expert solicitors also provide advice and support with various related matters, including:

Fees and Funding

We are always clear and transparent about costs, no matter your circumstances or what support you require.

If you need to attend court, legal aid public funding will be available in some cases. This will usually be based on the seriousness of the case justifying the grant of public funding.

For any clients that do not qualify for legal aid public funding, the alternative option will be to fund their case privately.

To find out more about the way we handle fees (both legal aid public funding and private fees), please use the links provided below:

Speak to our criminal lawyers today

If you are due to attend the police station in relation to a criminal offence, you have previously attended the police station and a court date has been set for your case, or you simply need advice on the terms of your current suspended sentence, please do not hesitate to get in touch with a member of our team.

You can contact our specialist criminal defence solicitors in London, Birmingham and Manchester by telephone on:

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you promptly.

24/7 legal representation for suspended prison sentences

Please get in touch for a free consultation with one of our expert solicitors, as well as immediate representation and advice for suspended prison sentences

We are available to represent clients all over England and Wales at any time, so please contact our Emergency Number at 07836 577 556.

Bespoke Private Fee Service

If you believe your case is likely to have serious consequences for you now, or in the future and you have the means to pay for this service

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Do we offer free consultations? 

Read More

How can we help?

Common questions

We always work with the most experienced and best leading UK barristers, KCs (Kings Counsel). We cover all criminal cases 24/7 at the police station and court. Offices in London, Birmingham, and Manchester cover cases across England and Wales. We can offer Legal Aid and affordable Private fee agreements. We can see you the same day, including virtually. Our Senior Partners supervise all of our cases.

How quickly do you respond?

We respond quickly even during out of hours. We do not get our work by paying for online adverts but based on the fact that few criminal law firms can match our 45 years of experience. Most of our cases are still from word-of-mouth recommendations from satisfied clients. We are called daily by dissatisfied clients from firms with less experience than us. We respond very quickly to new enquiries. We know what clients seek and so we update clients rapidly.

Can you get cases dropped?

Yes, read about the recent cases we've helped our clients with here.

We always keep you updated and give straightforward advice. We will get cases dropped early where the case is weak or should not be prosecuted. We will be upfront with you about where you can benefit from a good result with an early guilty plea, such as a discount on your sentence. As we work on cases across all levels with clients from all walks of life, we are excellent at giving clear, spot-on advice. As an established firm, we can allocate a whole team to your case often at short notice to secure evidence to minimise the damage to you. 

Have you won any awards?

OUR PROFESSIONAL BODY THE LAW SOCIETY AWARDED US IN OCTOBER 2020 WITH THE EXCELLENCE IN CLIENT SERVICE AWARD AND STATED - 

"JD Spicer Zeb demonstrated a clear commitment to client service through their work with vulnerable and diverse individuals in what can be severely traumatic circumstances".

Do you offer free consultations?

Where it is possible, we aim to provide an initial consultation to you. If we can speak to you, we can if required inform you about  –

  • Whether we can take the case on and our relevant experience.
  • Public and private funding benefits.
  • Assistance in applying for legal aid where we are likely to accept instructions.
  • An outline of options in police interview only. We will not advise you on which option to adopt.
  • Providing our free written guide explaining the police station process.
  • The gravity of routine and day-to-day offences you face.
  • Consequences of not attending the court or police station.
  • Consequences of interfering with any witnesses.
  • Retaining any evidence in support of your case.
  • If possible an outline of the elements of the offence that the police or CPS must prove.
  • This consultation will normally be by telephone or email and will only be for as long as we deem necessary to establish if we can act for you. If we cannot usefully give you any advice in this manner then we will not continue with the consultation. We will not discuss the case in depth for you to be able to decide on your plea or any significant aspect of the case, as this cannot be undertaken informally.
  • Referring you, if possible, to other firms for matters out of our specialism or if we cannot help.

Consultations do not apply to the following cases –

  • If we do not intend to take the case on.
  • Road Traffic cases, drink driving, drug driving, driving bans, speeding, no insurance, mobile phone use, points etc.
  • In all cases where we do not have the capacity to take your case or the availability of suitably qualified staff to provide an initial free consultation. This is applicable in all cases but especially where a more senior lawyer is required because of your personal needs or the complexity of the case.
  • Harassment/stalking/ coercive behaviour/malicious communications or road traffic cases and most sensitive cases. These cases are often too complicated to assess in short consultations.
  • The locations concerned may be too distant to represent you adequately or it may not be cost-effective for you or us.
  • The case is too complicated to assess or raises various charges or facts, complexity, or history to be considered informally or in a short consultation.
  • In most Legal aid transfers where legal aid is granted to another firm except in very grave cases, we may assess the case and merits for a transfer.
  • If your relationship has broken down with your existing solicitor or several solicitors.
  • If you have been released under investigation and have already had a police station attendance. 
  • If you hold legal aid with another firm and seek a second opinion.
  • If you are calling on behalf of the client as a friend or family member unless you have full authority and full facts.
  • To businesses.
  • Advising whether you were given good advice by your other solicitor.
  • Whether to decide to plead guilty or not guilty.
  • Whether you have an arguable defence in law or factually complicated defences.
  • Any advice you have had after your first court appearance.
  • Any advice on appeal on conviction or sentence.
  • If we feel we are unable to communicate with you.
  • If we are likely to be conflicted or breach our professional rules.