Suspended prison sentences have attracted the attention of the press recently as the result of the Manchester United and England footballer Harry Maguire having received such a sentence in a Greek Court.
Harry Maguire vigorously denies the allegations and is in the process of appealing his conviction and sentence.
Suspended prison sentences are frequently imposed in the criminal courts of England and Wales and Suki Randhawa of Kangs Solicitors explains the nature and effect of such a sentence.
If you are potentially facing or, indeed, have recently received such a sentence, please feel free to contact the team at Kangs Solicitors should you require advice and guidance.
Our team is experienced in advising and defending clients in respect of criminal proceedings of every nature. For an initial no obligation discussion, please contact our team at any of our offices detailed below:
What is a Suspended Prison Sentence? | Kangs Criminal Defence Team
- When a defendant has pleaded guilty to or found to be guilty of an offence by a jury following a trial, two of the options available to a Judge, subject to the requirements outlined below, are to impose an immediate term of imprisonment or to impose such a term but to suspend its implementation for such period of time and upon such terms as the Judge may feel appropriate.
- Examples of the terms which a Judge may impose include payment of a fine, unpaid Community work and obtaining relevant medical treatment.
- If, during this suspended period the defendant does not commit another breach of the law and fulfils any conditions imposed, the sentence will normally be dismissed.
- However, a defendant who breaches the term(s) of the suspended sentence, or commits another offence, is likely to be sent to prison to serve either the entire or part of the original term imposed.
Requirements For A Suspended Prison Sentence | Kangs Defence Solicitors
As mentioned above, in order for a Judge to consider imposing a Suspended Prison Sentence certain conditions which must be met namely:
- for those aged over twenty-one at the time of conviction, the term of imprisonment imposed must be not less than fourteen days and not more than two years.
- for those aged between eighteen and twenty at the time of conviction, the sentence is one of detention in a Young Offender Institution and must not be for less than twenty-one days and not more than two years.
- the offence(s) must be so serious that neither a fine alone nor a Community sentence can be justified i.e. the sentence passes the ‘custody threshold’.
- the length of the sentence is the least that can be imposed to mark the seriousness of the offence.
- the defendant is aged at least eighteen at conviction.
How Can I Contact You? | Kangs National Criminal Defence Solicitors
The team at Kangs Solicitors is available to assist you in respect of criminal allegations of every nature and whatever its seriousness.
Hamraj Kang leads an award-winning team of solicitors nationally reputed for its excellence in serious complex investigations of every nature.
We welcome any enquiries by telephone or email.
Our team of lawyers is available to meet at any of our offices in London, Birmingham or Manchester, or alternatively, we are happy to arrange meetings via video conferencing.
Our team can be contacted through any of the following who would be happy to discuss your situation with you: