Custodial Sentences for Criminal Offences

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“Custodial sentences (i.e. imprisonment or detention in a Young Offender Institution) should be used as a last resort. Before a custodial sentence can be imposed, not only must the defendant have been convicted of an imprisonable offence, but the Judge or magistrates must be satisfied that the custody threshold has been passed. ”

On this page …

When will a custodial sentence be imposed?
What is the Custody Threshold?
Sentencing options other than custody
Sentencing Guidelines

When will a custodial sentence be imposed?

The Overarching Sentencing Guideline Imposition of community and custodial sentences sets out the approach to imposing custody in this way:

Has the custody threshold been passed?
Is it unavoidable that a sentence of imprisonment be imposed?
What is the shortest term commensurate with the seriousness of the offence?
Can the sentence be suspended?

Although the term 'imprisonment’ and ‘prison' is often used to refer to custodial sentences, in fact only defendants aged 21 or over can be sent to prison. Defendants aged 18 to 20 who receive a custodial sentence are sentenced to detention in a Young Offender Institution.

A sentence of last resort

Custodial sentences (i.e. imprisonment or detention in a Young Offender Institution) should be used as a last resort. Before a custodial sentence can be imposed, not only must the defendant have been convicted of an imprisonable offence, but the Judge or magistrates must be satisfied that the custody threshold has been passed.

Unless specified otherwise, what follows relates to defendants aged 18 or over. The purposes of sentencing youths differs to those for adults, with the focus being on preventing offending and welfare.