As has been well established over recent years’, prison places up and down the UK are at a premium.
The system that has been in place up until now, has resulted in overcrowding and prison capacity is at breaking point, there has as a result been the rollout of the early release of persons serving custodial sentences to ease the pressure on the prison places.
The government as a result of these historical and systematic issues have sought to implement changes in how sentences are imposed to ease pressure on the system and with some of the changes implemented, this may result in a number of cases where defendants who may have otherwise expected to have received a custodial sentence are now receiving non-custodial sentences involving either the suspension of those sentences or the imposition of community based sentences.
The major changes which affect our clients and those across the criminal justice system are as follows:
If a client is facing a prison sentence in the region of twelve months or less, there is now a presumption on the sentencing court to impose a prison sentence to be suspended when an offender is convicted on or after 22 March 2026.
The likely impact of this is that, very few people who are facing prison sentences of a year or less, will actually serve any part of that sentence in custody, but rather will have a suspended sentence hanging over them during the length of the sentence that would otherwise have been imposed.
The Act also makes reference to those sentences which have been deferred ordinarily because the court wishes to see an improvement in the defendant’s behavior or wishes to take into account the defendants response to rehabilitation and where the court will wish to ensure that the defendant has not re-offended or been arrested on other matters.
As a result, whilst the court previously could only defer a sentence for up to six months, the new Act, legislates that the deferment can now be imposed for a period of twelve months.
The other significant sentencing change in the new Act is the length of time the court can impose suspended sentences for.
Up until now, the maximum sentence that could be suspended was two years.
The Act provides scope for a sentencing court to impose a suspended sentence now for up to three years. This includes where the court imposes two or more consecutive sentences where the aggregate term does not exceed three years.
What does the above mean for clients of this firm and defendants in general?
It is expected that these changes to sentencing practice will result in fewer defendants receiving custodial sentences whilst as an alternative to those sentences defendants will receive lengthier suspended sentences and/or more focus community based sentences.
This, inevitably will place pressure on the Probation Service and those who administer community sentences and, it remains to be seen how successful the new approach at sentencing will be in terms of reoffending.
Clearly, clients at all stages need to be advised and appraised as to likely sentence or options in relation to sentence in connection with all matters including those tried in the Magistrates’ Court and at the Crown Court.
Contact our Expert Criminal Defence Lawyers
At Lewis Nedas Law, we are readily available to advise and assist on all cases where advice is sought concerning sentence, a plea to be entered and a consequential result in terms of sentence.
Please complete our online enquiry form or call us on 020 7387 2032 for further guidance.