If you have already spent time ‘on remand’
If you have already spent time remanded in custody (in prison waiting for the trial), the time in custody is taken off your prison sentence.
If you’re given more than one prison sentence
If you’re convicted of committing more than one crime, you are usually given a sentence for each one. For example, if you commit a driving offence and the police also find illegal drugs on you, you will get a sentence for each offence.
Concurrent and consecutive sentences
Sentences for more than one offence can be served (carried out) concurrently or consecutively.
Concurrent sentences are served at the same time. Consecutive sentences are served one after the other - for example, a six-month sentence followed by a three-month sentence.
The judge (or magistrate) tells you what type of sentence you get and how it must be served.
Suspended prison sentences
If you have a suspended sentence you can still be sent to prison
If you get a ‘suspended’ prison sentence you don’t go to prison immediately, but serve your sentence in the community. You have to meet certain conditions, which could include:
having to stay away from a certain place or person - for example, the victim of your crime
doing unpaid work - called ‘Community Payback’
If you break any conditions, or commit another crime, you will go to prison to serve your sentence unless there are exceptional circumstances.
Prison sentences of a fixed length of time – ‘determinate’ sentences
A ‘determinate’ sentence is a prison sentence of a fixed length of time.
If your sentence is for 12 months or more
If your prison sentence is for 12 months or more, the first half of the sentence is spent in prison. The second half of your sentence is spent in the community ‘on licence’.
Being on licence means you have to meet certain conditions. This could include having to stay away from the victim of your crime.
If you break any conditions, or commit another crime, it’s possible you could go back to prison to serve your sentence.
If you’re on licence you are supervised (managed) by the Probation Service.
If your sentence is under 12 months
If your sentence is under 12 months, you are released automatically half-way through.
You are not supervised (managed) by the Probation Service but can still be sent back to prison – for example, if you commit another crime.
Prison sentences with no fixed length of time – ‘indeterminate’ sentences
The Parole Board is responsible for the release of offenders from prison
A prison sentence that doesn’t have a fixed length of time is called an ‘indeterminate’ sentence. This means you:
have no automatic right to be released at a set date
have to spend a minimum amount of time in prison (called a ‘tariff’) before you can be considered for release
The Parole Board is responsible for the release of offenders from prison.
Indeterminate sentences are given if a court thinks an offender is a danger to the public. They are usually given for violent or sexual offences.
Example of an indeterminate sentence
You commit a serious crime and are sentenced to a minimum of ten years in prison. After ten years, the Parole Board may decide:
it’s safe to release you on licence - you’re then supervised (managed) by the Probation Service
it’s not safe to release you - for example, because they think you are still a risk to the public
Find out more about how the Parole Board and Probation Service work by following the links below.
Life sentences
If you get a life sentence, it lasts for the rest of your life – even if you’re released from prison.
If you’re found guilty of murder, a court must give you a life sentence. A court may also choose to give a life sentence for serious offences like:
rape
armed robbery
attempted murder
You must spend a minimum amount of time in prison before being considered for release on licence.
If you don’t meet the terms of your licence - for example, you commit another crime – you are likely to go back to prison.
Whole life term
In some very serious cases, a judge may give you a ‘whole life term’. This means that there is no minimum term set by the judge, and you will never be considered for release
Court fines
Fines are given by courts for a range of ‘low level’ crimes. The fine amount will depend on the offence and how much an offender is able to pay. Find out what fines a court can give and what happens if a fine is not paid.
Why court fines are given
As the majority of cases heard by courts are for low level offences - like speeding - fines are the most common criminal sentence given.
Fines are given to punish an offender financially by limiting the amount of money they have to spend.
What offences may get a court fine
Fines are usually given for less serious offences that do not merit a community or prison sentence. Sometimes a fine is given along with a community or prison sentence.
When court fines are given
Fines are usually given for less serious offences that do not merit a community or prison sentence
Fines can be given for many offences, including:
speeding
minor theft
not having a TV licence
drunk and disorderly behaviour
Court fine amounts
A court will decide on the actual amount an offender should pay based on:
the offence
the offender’s ability to pay, for instance if the offender is on benefits
Before being given a fine, an offender must fill in a ‘means form’. This is so the court knows the offender’s financial situation and what fine they can afford. The means form asks for details of:
income
outgoings
savings
If the offence causes harm to a victim, the offender will have to make a compensation payment. They’ll also have to pay towards the cost of the court hearing.
An extra payment called a ‘victims’ surcharge’ of £15 may also be added.
How to pay a court fine
An offender who receives a fine will be given a notice telling them:
the amount to pay
how to pay
the date they should pay by
Fines may be paid online or over the telephone by credit or debit card.