Types of prison sentence

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1. Concurrent and consecutive sentences

If you’re sent to prison for 2 or more crimes, you’ll usually get a sentence for each crime. The judge or magistrate will tell you whether your prison sentences will be served concurrently or consecutively.

Concurrent sentences

If your sentences are concurrent, it means you will serve them at the same time.

For example, if you get one 6-month sentence and one 3-month sentence, the total sentence will be 6 months.

This is because you will serve the 3-month sentence at the same time as the 6-month sentence.

Consecutive sentences

If your sentences are consecutive, it means you will serve them one after the other.

For example, if you get one 6-month sentence and one 3-month sentence, the total sentence will be 9 months. You will serve the first sentence, then you’ll serve the second sentence after that.

2. Suspended prison sentences

A suspended prison sentence is served in the community instead of in prison.

You might need to meet certain conditions if you get a suspended prison sentence.

For example you might need to:

  • stay away from a certain place
  • do unpaid work, called Community Payback

If you break the conditions of a suspended sentence you can be sent to prison.

3. Determinate prison sentences

A determinate prison sentence is for a fixed length of time. It includes a period of time in prison and a period of time in the community ‘on licence’.

If you break any licence conditions or commit another crime while on licence, you could be sent back to prison.

4. Indeterminate prison sentences

An indeterminate prison sentence does not have a fixed length of time.

This means:

  • no date is set for your release
  • you have to spend a minimum amount of time in prison (called a ‘tariff’) before you’re considered for release

The Parole Board is responsible for deciding if you can be released from prison.

Indeterminate sentences are given if a court thinks you’re a danger to the public. A life sentence is a type of indeterminate sentence.

5. Life sentences

If you’re found guilty of murder, a court must give you a life sentence. A court may decide to give a life sentence for other serious offences like rape or armed robbery.

If you’re given a life sentence it will last for the rest of your life.

If you’re ever released from prison you will spend the rest of your life ‘on licence’ in the community.

If you break licence conditions or commit another crime you can be sent back to prison.

Whole life orders

A whole life order means you will never be released from prison, except in exceptional compassionate circumstances.

6. Sentences for children and young people under 18

If you’re under 18 you’ll be treated differently to adults by a court. You will only get a custodial sentence in some cases.

The sentence cannot be longer than an adult would get for the same crime.

Detention and training orders

If you’re aged between 12 and 17 you could get a detention and training order. This lasts between 4 months and 2 years.

You would serve the first half of the sentence in custody.

You’d serve the second half of the sentence in the community ‘under supervision’.

You must meet certain conditions when serving a sentence under supervision.

If you break the conditions while under supervision, you might be sent back into custody.

Longer custodial sentences

If you’re under 18 you could get a longer custodial sentence for a serious crime. For example, a crime that was violent or sexual.

You would serve some of the sentence in custody.

You’d serve the rest of the sentence in the community ‘on licence’.

You must meet certain conditions when serving a sentence on licence.

Life sentences

If you’re found guilty of murder, a court must give you a life sentence. A court could give a life sentence for other serious offences like rape or armed robbery.

The court decides how long you must serve in custody before you can be considered for parole.

If you’re released, you’ll be put on licence for the rest of your life.