Different sentences
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Hi
Just a random question but wondered if someone knew the answer.
Usually when custodial sentences are given they usually mention the person will only need to do half if been on good behaviour etc. Therefore why doesnt that happen for community orders? Technically a person who receives a 3 year custodial sentence could potentially be out in 18 months but a person with a community order is still living with theirs.
For a suspended sentence when would it be spent I.e if it was suspended for 2 years? Again wouldnt that be spent before a community order?
Thanks
Just a random question but wondered if someone knew the answer.
Usually when custodial sentences are given they usually mention the person will only need to do half if been on good behaviour etc. Therefore why doesnt that happen for community orders? Technically a person who receives a 3 year custodial sentence could potentially be out in 18 months but a person with a community order is still living with theirs.
For a suspended sentence when would it be spent I.e if it was suspended for 2 years? Again wouldnt that be spent before a community order?
Thanks
Hi Rainbow...
A prison sentence which is suspended is still a sentence legally but is carried out in the community. The stick is usually the added time on such as 12 months in prison suspended for 2 years. If the offender commits a similar offence within that period he goes to prison to complete the full 12 months of the original sentence.
If he is sentenced for any period under 6 months the crime is classed as spent in 3 years from the date of conviction. If is sentence is 12 months or more but no longer than 4 years his conviction will be spent after 5 years.
This means it no longer needs to be be disclosed and that includes for insurance purposes.
Community orders are civil orders and a little more draconian regarding length, however they do not have the same stigma as a criminal record.
Finally don't forget any SHPO... They to are civilian orders and can be given to cover long periods after the criminal conviction has ended. They are disclosable for employment applications and insurance... Fortunately following a successful case at the European Court of Human Rights they can now be challenged and discharged if the judge believes the offender has rehabilitated.
SHPO can be challenged at the court where the conviction was given. The process is not difficult, does not require police approval, instigated by letter and the person challenging the SHPO attending court and presenting evidence to the judge of his improved behaviour.
Best wishes
A prison sentence which is suspended is still a sentence legally but is carried out in the community. The stick is usually the added time on such as 12 months in prison suspended for 2 years. If the offender commits a similar offence within that period he goes to prison to complete the full 12 months of the original sentence.
If he is sentenced for any period under 6 months the crime is classed as spent in 3 years from the date of conviction. If is sentence is 12 months or more but no longer than 4 years his conviction will be spent after 5 years.
This means it no longer needs to be be disclosed and that includes for insurance purposes.
Community orders are civil orders and a little more draconian regarding length, however they do not have the same stigma as a criminal record.
Finally don't forget any SHPO... They to are civilian orders and can be given to cover long periods after the criminal conviction has ended. They are disclosable for employment applications and insurance... Fortunately following a successful case at the European Court of Human Rights they can now be challenged and discharged if the judge believes the offender has rehabilitated.
SHPO can be challenged at the court where the conviction was given. The process is not difficult, does not require police approval, instigated by letter and the person challenging the SHPO attending court and presenting evidence to the judge of his improved behaviour.
Best wishes
That is so helpful snowdrop. And the SHPO bit is interesting since my partner had mentioned wanting to challenge it but the judge wasn't keen at the time. He is likely to challenge it once his sentence is spent to prove rehabilitation through good behaviour and compliance with probation.
Hello Rainbow,
I am pleased that you are able to seek advice and support from this forum.
Sentencing can be difficult to understand and there can be different options available to the courts. For more details about this please do contact our Stop It Now! helpline (0808 1000 900) where our trained operators will be happy to discuss this with you. Alternatively, you might want to visit this page as it has lots of information on the sentencing options: https://www.stopitnow.org.uk/concerned-about-your-own-thoughts-or-behaviour/concerned-about-use-of-the-internet/get-the-facts/consequences/involvement-with-the-criminal-justice-system-cjs/
As Snowdrop rightly said, a suspended sentence is still a custodial sentence, it is just being allowed to be carried out in the community. So if somebody was sentenced to six months, suspended for two years – if they committed a crime in those two years they would then have to go to prison for the original six months plus any time sentenced for the new offence that they have committed.
Although with custodial sentences you might only serve half the time for good behaviour, the rest of the time is served on licence in the community. This means you will still be under certain restrictions e.g. curfew. So technically, your sentence is not finished even though you are no longer in prison.
Community orders are still criminal convictions, so you will still receive a criminal record. You will also still be required to sign the Sex Offender’s Register. Community orders are generally the length that they are to give the individual time to meet the conditions of their order. For example, they might be required to complete 150 hours of unpaid work and the courts want to ensure that the individual is given ample time to do this.For more information about when a sentence is spent you can look here: https://hub.unlock.org.uk/knowledgebase/roa-long-list-of-sentences-and-disposals/.
Often the time it takes for something to become spent is the length of the sentence plus a certain amount of time. As Snowflake said, SHPO’s can be given for a longer period of time than the original sentence. If you have an unspent SHPO you are also required to sign onto the Sex Offender’s Register – even if that may have already expired under your original sentence. You can find out more information here: https://hub.unlock.org.uk/knowledgebase/sexual-harm-prevention-order-shpo/.
I hope that this has been helpful,
Best wishes,
Lucy
I am pleased that you are able to seek advice and support from this forum.
Sentencing can be difficult to understand and there can be different options available to the courts. For more details about this please do contact our Stop It Now! helpline (0808 1000 900) where our trained operators will be happy to discuss this with you. Alternatively, you might want to visit this page as it has lots of information on the sentencing options: https://www.stopitnow.org.uk/concerned-about-your-own-thoughts-or-behaviour/concerned-about-use-of-the-internet/get-the-facts/consequences/involvement-with-the-criminal-justice-system-cjs/
As Snowdrop rightly said, a suspended sentence is still a custodial sentence, it is just being allowed to be carried out in the community. So if somebody was sentenced to six months, suspended for two years – if they committed a crime in those two years they would then have to go to prison for the original six months plus any time sentenced for the new offence that they have committed.
Although with custodial sentences you might only serve half the time for good behaviour, the rest of the time is served on licence in the community. This means you will still be under certain restrictions e.g. curfew. So technically, your sentence is not finished even though you are no longer in prison.
Community orders are still criminal convictions, so you will still receive a criminal record. You will also still be required to sign the Sex Offender’s Register. Community orders are generally the length that they are to give the individual time to meet the conditions of their order. For example, they might be required to complete 150 hours of unpaid work and the courts want to ensure that the individual is given ample time to do this.For more information about when a sentence is spent you can look here: https://hub.unlock.org.uk/knowledgebase/roa-long-list-of-sentences-and-disposals/.
Often the time it takes for something to become spent is the length of the sentence plus a certain amount of time. As Snowflake said, SHPO’s can be given for a longer period of time than the original sentence. If you have an unspent SHPO you are also required to sign onto the Sex Offender’s Register – even if that may have already expired under your original sentence. You can find out more information here: https://hub.unlock.org.uk/knowledgebase/sexual-harm-prevention-order-shpo/.
I hope that this has been helpful,
Best wishes,
Lucy
That's really helpful thank you. My husband has a 3 year community order but now hes done the hours and a course I wondered if his PO might be able to get it reduced slightly.
So if someone is sentenced to less than 6 months in prison then their record is spent before a 3 year community order? I'm still confused as I would have thought being in prison would have a longer spent time than a community order.
Thanks.
Thanks.
Hi Rainbow...
Anyone sentenced to 6 months ( suspended or not) will have to wait 3 years before its classed as spent and no longer discloseable.
Best wishes
Anyone sentenced to 6 months ( suspended or not) will have to wait 3 years before its classed as spent and no longer discloseable.
Best wishes
Thanks. I'm just surprised as I would have expected a prison sentence to have a longer spent time than a community order. I assumed a custodial was a harsher sentence but in theory if someone is sentenced to less than 6 months custodial or suspended then theirs is spent quicker than a 3 year community order as you have to wait a year after the 3 year order before it is spent. That doesnt really seem fair if you know what I mean
Hi Rainbow...
It does seem abit unfair re time scales... However the major difference between a suspended sentence and community order is the potential punishment of breaching it.
If you breach a suspended sentence by committing ANY further offence you go to prison for the duration of the suspended sentence and the added on period for what ever you have been found guilty of.
With a community order this punative punishment is not there
Best wishes..
It does seem abit unfair re time scales... However the major difference between a suspended sentence and community order is the potential punishment of breaching it.
If you breach a suspended sentence by committing ANY further offence you go to prison for the duration of the suspended sentence and the added on period for what ever you have been found guilty of.
With a community order this punative punishment is not there
Best wishes..