Sentences

What are Sentencing Guidelines?

In 2009 the Government established ‘sentencing guidelines’ and set out the framework for a ‘Sentencing Council’ made up of a range of stakeholders in criminal justice. This Sentencing Council sets the ranges available for a convicted person’s punishment by a given court.

The sentence range for an offence changes periodically, sometimes indicating a shift in attitude to a given offence, sometimes to effect a new statutory minimum sentence. The King’s Speech of 2023 presaged the government’s plan to impose tougher sentences for murders with a sexual or sadistic element. (See ‘whole-life-order’ in the ‘types of sentence’ section).

If an offence is alleged to have taken place before an increase in the sentencing guidelines, the offence will usually be sentenced according to the law of the day. If the maximum sentence is reduced in the intervening period, usually this is accompanied by a direction from authority outlining how old offences are to be handled. The maximum sentence is the sentence available at the time of the offence or the date of sentencing, whichever is lower.

Sentences available to the court

Discharge	Absolute	The offender is released from the court without any punishment (though they still received a criminal record)
	Conditional	The offender’s release is conditional on them not committing another offence in up to the next three years
Fine		A fine can be made within a series of ‘bands’ which increase in sum in proportion with the gravity of the offence. The top band of fines permits the court to impose an unlimited sum.
Community order		The Court makes the offender carry out one or more tasks designed to both punish the offender and help him reform. These often include unpaid work but can also include rehabilitative measures such as attending drug or alcohol classes.
Youth rehabilitation order		Much the same as a community order but for young offenders.
Imprisonment		To be served in a prison establishment with a portion in prison and the remainder on licence. The license period demands the offender comply with stringent requirements.
Suspended sentence		Any sentence of up to two years in custody is capable of ‘suspension’ for up to two years, meaning the offender does not serve the period in prison immediately. Instead, they are released into the community, often with ‘attachments’ which impose obligations similar to those found in a community order. Should the offender commit a further offence within the period, the court must activate the original sentence and send the offender to custody unless there is an exceptional reason to not do so.
Life Sentence		For the most serious of crimes, the court can impose a sentence of life imprisonment. This does not typically mean the offender spends the remainder of their life behind bars. Instead, the offender will spend a minimum number of years in custody, as set by the judge. An application is made to the Parole Board who will determine their release date. The remainder of the offender’s sentence will be served in the community ‘on license’. The license will endure for the offenders life.
Whole-Life Order		For the most grave instances of a crime, however, the court may impose a ‘whole life order’. The offender will then spend the rest of their life in prison. These orders are usually reserved for those offences which so deeply offend the public consciousness that there is no option but to impose a whole life tariff.

Ancillaries – Monetary Payments

When a court sentences an offender, it can charge the individual a sum of money for the effects of the offence. If the offender appears unable to pay the sums, the court will usually prioritise the ancillaries as follows:

Compensation – A payment from the offender to the victim to compensate them for the offence and its effects.
Surcharge – A sum constant across every offence of the same type. This sum is paid into the court and distributed widely to assist all victims.
(Fines) – These are of lower priority than compensation and surcharge but take precedence over costs. They are, however, not considered ‘ancillary’ as they constitute the main sentence.
Costs – The costs of prosecuting the offence, reasonably assessed. This can range into the thousands of pounds.

Confiscation – Proceeds of Crime

Should the prosecution believe that an offender has financially benefitted from his criminal conduct, they may apply for a ‘confiscation’ hearing where the benefit is assessed. If benefit is found, the court must confiscate the items or sums indicated.

Football Banning Order:

Prevents an individual from engaging with organised football events such as Football League spectatorship.

Sexual Harm Prevention (SHPO):

The court may, if satisfied that an offender presents a risk of sexual harm to the public, impose a SHPO to limit this risk. The provisions imposed by a SHPO are wide but can include demanding requirements, such as preventing the offender from entering any house if a child under 16 is within.

Mandatory sentences

By law, certain offences carry ‘mandatory minimum sentences’. This means that, should one be convicted of the offence, the judge may not sentence the offender to below the minimum set by the guidelines (subject to a reduced scale of credit for a guilty plea, explored below).

Murder is a crime carrying a mandatory sentence of life imprisonment. It does not follow that the offender will spend the rest of their life behind bars in custody. Rather, the judge must specify a minimum number of years to be served in custody before the offender becomes eligible for parole. Should that parole be granted by the parole board, the offender will be released from custody on license. They will remain on license for the remainder of their life. A judge may, in exceptional circumstances, impose a ‘whole life order’. The offender will be in custody until they die or successfully appeal.