9084 · 2.3.1
Adult offenders — FAQ
Frequently asked questions for 9084 Adult offenders. Direct answers first, then deeper explanation — then practise with marking.
Is a suspended sentence just a 'let off'?
No, it is a custodial sentence that is held in suspension for up to two years. The offender must comply with any requirements attached (like unpaid work) and must not commit any further offences during the suspension period. Any breach will very likely lead to the court 'activating' the prison sentence, meaning the offender will be sent to prison to serve the original term.
Do fines actually punish wealthy offenders?
The courts are required to means-test fines. This means they must take into account the offender's financial circumstances when setting the amount. The principle is that the fine should have an equal impact. Therefore, a wealthy offender should receive a substantially larger fine than a person on a low income for the exact same offence, ensuring it is still felt as a punishment.
Why don't all serious crimes result in a prison sentence?
The law, specifically the Criminal Justice Act 2003, requires courts to treat imprisonment as a last resort. A judge can only impose a custodial sentence if the offence is 'so serious' that no other sentence, such as a community order, would be sufficient. For many serious crimes, a robust community order with multiple requirements (like a long curfew, intensive supervision, and unpaid work) can be seen as a more effective sentence for achieving aims like rehabilitation while still providing significant punishment.