What breaches a suspended sentence?

Asked by: Prof. Clement Marks  |  Last update: February 19, 2022
Score: 4.1/5 (11 votes)

A suspended sentence is where a judge sentences a defendant to jail or prison time, but then delays imposing the sentence in order to let the defendant serve time on probation. ... But if the defendant violates probation, the judge can impose the original sentence that was suspended (which may include jail or prison time).

What counts as a breach of suspended sentence?

Suspended sentences are custodial sentences, but with the custodial element suspended on condition the defendant remains out of trouble and abides by any requirements that the judge chooses to attach. A breach of a suspended sentence will normally mean activation of all or some of the custodial part of the sentence.

What triggers a suspended sentence?

Conditions Set by the Court

Typical conditions for a suspended sentence include staying away from a certain place or person, completing unpaid work in the community, undertaking treatment for alcohol or drug abuse and being subject to a curfew until the sentence is finished.

What happens if you commit another crime while on a suspended sentence?

If the defendant breaches the terms of the suspended sentence, or commits another offence, they are likely to be sent to prison to serve the original prison term imposed. A suspended sentence may be accompanied by a fine, but the court cannot impose a community sentence at the same time as suspending a prison sentence.

Can a suspended sentence order be revoked?

Note the court cannot revoke the order, or revoke the order and resentence. If activating the suspended sentence, the court may order for it to take effect immediately, or upon the expiry of another custodial sentence which has been passed on the offender. It is possible to appeal an activation order.

Suspended Sentences

15 related questions found

Is a suspended sentence a conviction?

A suspended sentence is a type of court-imposed penalty for a crime. ... A suspended sentence typically means that a conviction will remain on a person's criminal record. A different outcome occurs with a deferred sentence or one that does not result in a guilty conviction.

How long does a suspended sentence stay on your record?

How long will it be on my record? It will remain on the PNC indefinitely and will be used in any future criminal proceedings. If you breach any of the conditions or commit another crime you will usually go to prison to serve the sentence.

Does suspended sentence show on DBS?

As with other types of criminal record, a suspended sentence will stay on that record indefinitely, which means it might show up on criminal record checks by the Disclosure and Barring Service (DBS), which could be sent to your prospective employers, educational institutions, and other public bodies who examine ...

What are the implications of a suspended sentence?

A suspended sentence means the judge imposes a prison sentence but suspends it on certain conditions. This means that you do not go to prison if you keep the conditions.

What are the two kinds of suspended sentence?

The two kinds of suspended sentences are suspension of imposition of sentence and suspension of execution of sentence.

Can you extend the operational period of a suspended sentence order?

Only new and exceptional factors/circumstances not present at the time the suspended sentence order was imposed should be taken into account. if the SSO imposes community requirements, do one or more of: ... extend the operational period (to a maximum of two years from date of original sentence).

What are the 4 types of sentencing?

The four traditional sentencing options identified in this chapter are fines, probation, imprisonment, and—in cases of especially horrific offenses—death. The appropriateness of each sentencing option for various kinds of crimes was discussed, and the pros and cons of each were examined.

Can you leave the country on a suspended sentence UK?

Yes – as long as you notify your probation officer in advance of any proposed travel away from your approved address and your travel will not breach the conditions of your licence.

What does a revoked suspended sentence mean?

If a judge decides to revoke someone's probation, that person will be sent to jail. The jail sentence will be the one that was originally imposed by the judge at the sentencing hearing. For example: Mary is charged with trespassing and pleads guilty. ... The judge revokes her probation and imposes the suspended sentence.

What happens if you breach a suspended sentence UK?

If a person fails to comply with the requirements of their suspended sentence the court will usually have to activate the original custodial sentence and send the offender to prison. The court will take into account how far the offender has complied with the requirements.

How long does a 2 year suspended sentence become spent?

A 2-year custodial sentence suspended for 2 years is spent after 6 years; the rehabilitation period is the period of the custodial sentence plus a further buffer period of 4 years giving a total of 6 years.

Does your criminal record clear after 7 years UK?

In the UK, the Police National Computer (PNC) stores all recordable offences. It remains there until the person becomes 100 years old. However, there is no formal way for a person to request deletion of court convictions.

Do suspended sentences show CRB?

Your conviction will always appear on your DBS certificate if: ... the conviction resulted in a custodial sentence including a suspended sentence (a hospital order under section 37 of the Mental Health Act 1983 is not a custodial sentence), or.

Does your criminal record clear after 7 years?

¦ Your criminal record can be expunged if 10 years have lapsed after the date of your conviction of your offence. ... ¦ Your record can be expunged after five years for other cases, unless you were ordered to pay restitution.

How do I know if my convictions are spent?

If you're still in your rehabilitation period following a criminal conviction, your conviction is unspent. Any custodial sentence over two and a half years stays unspent. If you were found guilty of a criminal offence by a court, following the specified time-period, your conviction will be considered “spent”.

What does it mean 20 years with 17 suspended?

It means that you serve three years in jail. You are then on probation for five years. If you violate your probation, you can be sent to jail for some or all of the unserved sentence which would be up to 17 years...

How does a suspended sentence Work UK?

A suspended sentence is served in the community rather than in prison, and is designed to allow the offender probation and rehabilitation. They are often given out for relatively minor offences such as burglary in order to relieve pressure on prisons, and can only be applied to terms of imprisonment up to two years.

Can ex prisoners travel?

Wanting to travel once released from prison is not unusual. And, for the most part, you should be able to do so. Like anyone else, you will need a passport for most international travel. But, in most cases, someone with a felony conviction can still get a passport after release.

What countries can you not go to with a criminal record?

List of Countries You Can't Travel to With a Criminal Record
  • Argentina.
  • Australia.
  • Canada.
  • China.
  • Cuba.
  • India.
  • Iran.
  • Israel.

How does a judge determine a sentence?

The judge must respect the minimum and maximum sentences set out in the law. The sentence must also be in proportion to the offender's degree of responsibility. In other words, the judge will order a heavier sentence if the offender played a key role in the crime.