Suspended Sentence: A Guide to Understanding Your Punishment

As an example, when an offender receives a custodial sentence ranging from 14 days to two years (or six months in the magistrates’ court), the sentencing judge or magistrates have the option to suspend the sentence for a maximum of two years. In this case, the offender does not serve an immediate term of imprisonment but is provided an opportunity to demonstrate good behaviour and comply with certain conditions issued by the court.

However, if the offender fails to comply with the conditions or commits another offence punishable by a term of imprisonment, the court can activate the suspended sentence and the offender will be required to serve the custodial sentence as well as the imposed punishment for the new offence. At this point, the offender should get an experienced lawyer who will work on their behalf regarding the possible sentence of imprisonment.

What is the purpose of suspended sentences?

According to Section 7 of the Crimes (Sentencing) Act 2005, the purpose of imposing suspended sentences is to:

• ensure that the offender receives a just and appropriate punishment
• deter the offender and other people from committing the same crime or offences
• ensure the safety of the community from the offender
• support the offender's rehabilitation and reintegration into society
• hold the offender responsible for their actions.
• condemn the wrongful conduct of the offender
• recognise the damage inflicted upon the victim and the community

What are the two types of suspended sentences?

The Magistrates court or the sentencing judge has the legal authority to employ any of the suspension types in order to grant the offender a suspended sentence.

1. Wholly Suspended Sentence

Wholly suspended sentences take place when the court imposes a sentence of imprisonment on an offender but suspends it entirely. In a wholly suspended sentence, the offender does not go to prison right away. Instead, the suspension will remain in effect for a time, which is usually determined by the court.

During the operational period of this sentence, the offender is released to the community under certain terms and conditions as imposed by the court.

2. Partially Suspended Sentence

In a partly suspended sentence, the offender is imposed with a combination of imprisonment and a suspended sentence as a punishment for the crime. While a portion of the prison term is served immediately, the other portion is suspended.

During the operational period of this sentence, the offender must comply with certain conditions set by the court, which can include regular reporting to a probation officer, attending counselling or rehabilitation programs, and engaging in community service.

What are the common conditions in suspended sentences?

The conditions for suspended sentences can vary depending on the jurisdiction and the specific offence committed. However, some common conditions in a good behaviour bond that may be imposed include:

Regular reporting

Offenders might have an obligation to routinely check in with a probation officer or another designated authority to ensure that they are following all conditions of their suspended sentence.

Participating in an alcohol or drug treatment program

In cases where the offence committed involves substance such as alcohol or drug abuse, the offender might be mandated to undergo treatment or participate in rehabilitation programs that will hopefully help them abstain from using the substance involved.

Employment or education requirements

Offenders who have received a suspended sentence may need to fulfil employment and educational obligations set by the court. These requirements aim to facilitate rehabilitation and reintegration into society. By maintaining employment or pursuing educational goals, offenders can cultivate skills, stability, and a sense of purpose, all of which can contribute to their successful rehabilitation.

Who can get suspended sentences?

In order for the court to grant you a suspended sentence, they must first review your application and determine whether you are a suitable candidate for such an arrangement. Factors that will be taken into consideration include your criminal record, the severity of the crime committed, and any mitigating circumstances.

In general, there are two requirements.

1. If you were sentenced in a higher court, your term must not be longer than 3 years.
2. If you were sentenced in a Magistrate court, the term should not exceed 2 years.

Additionally, the duration of the operational period matches the original term of imprisonment imposed. Alternatively, if the original term of imprisonment is not longer than 3 years (or 2 years in the case of the Magistrates' Court), the operational period will be within that timeframe.

How do you get a suspended sentence?

The court might grant a suspended sentence to an individual if the offence committed is non-violent or does not pose a threat to the community's safety. Other factors that indicate immediate imprisonment is not appropriate include age, ill health, or record of good behaviour. With this, several first-time low-level criminal offenders could qualify for a suspended sentence or alternative forms of sentencing.

On the contrary, a court will not suspend a sentence of imprisonment if:

• it is to be served after another term of imprisonment or with another term of imprisonment already being served, or anticipated to be served by the defendant
  
• if it is over 80% of the sentence, when an individual is sentenced as an adult to a period of imprisonment lasting 2 years or longer for a specified designated offence such as manslaughter or causing serious harm.

Moreover, except in cases of exceptional circumstances, a court may not suspend a sentence when an adult individual is being sentenced for:

• organised crime offences
• specific offences against police officers
• a serious sexual offence
• designated offences, within the five years leading up to that offence, a court has previously suspended a sentence of imprisonment or period of detention imposed on the defendant for another designated offence

See Section 96(9) of the Sentencing Act 2017 for the types of offences that fall under organised crime offences, specific offences against police, serious sexual offences, and designated offenses.

What happens when a court places you on a suspended sentence?

If the offender's sentence is not entirely suspended, they may have to spend a portion of their sentence in prison before being granted release. During this phase, they should meet with the parole officer first to discuss the conditions of the order.

On the other hand, if the offender's sentence is fully suspended, then the court will provide a copy of the outline that states the conditions the offender must follow. The offender is then obligated to report to the Community Corrections Office specified in the order within two business days.

When the offender reports to the Community Corrections Office, they will be assigned a probation and parole officer, who will:

• Review the order with the offender to ensure they fully understand it.
• Clarify the conditions that the offender must adhere to.
• Provide information about any required programs or counselling.
• Assist the offender in devising a plan to fulfil the conditions of their order.

Furthermore, offenders who have been given a suspended sentence are obliged to abide by good behaviour bond where they should:

• follow all directions as imposed by the probation officer or parole officer
• comply with officer directives for reporting and visitation
• attend counselling and participate in programs as instructed by the officer
• conduct random drug tests
• pay for fines, restitution, court costs, and probation fees
• inform the officer within two working days of any changes in employment or address
• generally comply with all the other terms and conditions imposed by the court

In addition, offenders who have been given a conditionally suspended sentence are prohibited from doing the following:

• violate any legal regulations while under the suspended sentence order
• obtain certain licenses such as firearms, ammunition, and explosives
• breach the law or the conditions of the order
  

Is a suspended sentence the same as imprisonment?

Takeaway

Suspended sentences are a form of punishment in which a convicted offender is not immediately sent to jail or prison, but rather, their sentence is suspended for a certain period of time. While they are not serving time behind bars, offenders on suspended sentences are generally required to report regularly to a probation officer and follow certain conditions set by the court.

Significantly, they are imposed in cases where the offender's rehabilitation is more important than imprisonment, providing the offender with the opportunity to reintegrate back into society while serving their punishment.

If you are currently facing a criminal charge and are concerned about the possibility of serving jail time, requesting a suspended sentence may be an option for you. At Andrew Byrnes Law Group, our experienced criminal defence lawyers can provide legal advice to help you determine if this is a viable option for your case. Book a free meeting today to discuss your legal options.