Types of prison sentences
If someone’s convicted of committing more than one crime, they’re usually given a sentence for each crime.
Concurrent sentences are served at the same time.
Consecutive sentences are served one after the other - eg a 6 month sentence followed by a 3 month sentence.
A ‘suspended’ prison sentence is carried out in the Community.
The person has to meet certain conditions - eg:
A ‘determinate’ prison sentence is for a fixed length of time.
For prison sentences of 12 months or more the person spends the first half of the sentence in prison and the second half in the community ‘on licence’.
If they break any licence conditions - eg they commit another crime - they could go back to prison.
For prison sentences under 12 months, the person’s normally released automatically half-way through.
An ‘indeterminate’ prison sentence doesn’t have a fixed length of time.
This means:
prison The Parole Board is responsible for deciding if someone can be be released from prison.
If a person’s found guilty of murder, a court must give them a life sentence.
A court may choose to give a life sentence for serious offences like:
A whole life term means there’s no minimum term set by the judge, and the person’s never considered for release.
A Detention and Training Order can be given to someone aged between 12 and 17.
They last between 4 months and 2 years.
The first half of a Detention and Training Order is served in custody, the second half is served in the community.
For severe crimes - usually violent or sexual - young people can get an ‘extended sentence’. They could spend a long time in custody, and when released they’ll be put under supervision for a long time (eg being tagged).
pa For murder, the court sets the minimum amount of time to be spent in custody. The young person can’t apply for parole before this time.
When released, the young person will be kept under supervision for the rest of their life.
Sometimes the sentence for a young person can last as long as the sentence for an adult for the same offence (but not longer). This includes life sentences.
You may get a community sentence if you’re convicted of a crime by a court but are not sent to prison.
You may have to do unpaid work in your local community, like removing graffiti. This is called Community Payback.
Community sentences can be given for crimes such as:
You may get a community sentence if:
Community Payback is unpaid work like:
You will usually work in your local area, and be managed by a Community Payback supervisor. You must wear a high visibility orange vest while you work.
You can expect to complete anything from 40 to 300 hours of Community Payback, depending on how serious your crime was.
If you’re unemployed you have to work 3 or 4 days each week.
If you have a job, the Community Payback work will be arranged outside your working hours, like evenings or weekends.
The treatment or programmes you get are intended to help with problems that led you to commit crime in the first place. They’re also to stop you committing more crime.
Programmes and treatment could be to help with:
Depending on the treatment or programme, it could involve:
If you don’t complete a treatment or programme, or fail a drugs test, you could be sent back to court and your punishment could increase.
What you can and can’t do while on a community sentence is decided by:
This can include:
If you don’t stick to the rules while you’re on a community sentence, you could get a warning or be sent back to court, and your punishment could increase.
Community sentences for young people are different from those given to adults.
There are 3 main community sentences a court can give you:
You can also be given a discharge, when the court decides that the experience of being arrested and going to court is enough of a punishment.
As part of your community sentence you may also have to speak to the victim and:
If you break the rules of your community sentence you could end up back in court, and if you have recently been released from custody you could be sent back.
Someone can be be released from prison.
When a prisoner is released depends on:
A prisoner serving a determinate sentence is normally released automatically halfway through their sentence.
If their sentence is 12 months or more, they will be released on probation.
A Parole Board is not involved.
A Parole Board only reviews a case if the prisoner’s sentence was more than 4 years and given for a serious violent or sexual crime committed before 4 April 2005.
The prisoner must apply for parole.
A prisoner can ask their prison offender supervisor or their solicitor if they’re unsure when they can apply for parole.
A Parole Board will then discuss the case and decide if the person can be released.
Prisoners serving an indeterminate sentence will have their case automatically reviewed by the Parole Board. This happens around 6 months before the end of their tariff (the minimum length of time the person was ordered to stay in prison).
The decision whether to release a prisoner is made at a Parole Board hearing.
The Parole Board is made up of 3 people. They will review a report about the prisoner which includes:
There might be other people at the hearing - for example:
The prisoner normally attends a Parole Board hearing to say why they think they should be released.
The Parole Board will write to the prisoner with their decision.
If the prisoner is released, they go on probation and are supervised by an offender manager.
If the prisoner isn’t released, their case is automatically reviewed by a Parole Board after a year.
A prisoner may be allowed to leave prison for short periods towards the end of their sentence - whatever its type or length.
However, the prison won’t release someone if it thinks they’re a risk to the public or may commit more crime.
A resettlement day release lets a prisoner out during the day - eg to go on a training course to help them find work once they are released.
A resettlement overnight release lets a prisoner spend the night at the place they will live at after they’re released.
A childcare resettlement licence lets a prisoner spend time with their child. They can only apply for this if they’ll be the sole carer of a child when they finish their prison sentence.
A person leaving prison may get the following financial support:
There are organisations that can provide support for people leaving prison.
Nacro (previously National Association for the Care and Resettlement of Offenders)
Ex-offenders can contact the Resettlement Plus Helpline (run by Nacro).
