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Why you could get a prison sentence

You could get a prison sentence if:

• the crime you commit is so serious (for example, murder) that it’s the only suitable punishment
• a court thinks the public must be protected from you

• How court sentences are worked out

• Prison finder - search using the A to Z list or by region Opens new window

If you have already spent time ‘on remand’

If you have already spent time remanded in custody (in prison waiting for the trial), the time in custody is taken off your prison sentence.

• What happens if you're charged with a crime

If you’re given more than one prison sentence

If you’re convicted of committing more than one crime, you are usually given a sentence for each one. For example, if you commit a driving offence and the police also find illegal drugs on you, you will get a sentence for each offence.

Concurrent and consecutive sentences

Sentences for more than one offence can be served (carried out) concurrently or consecutively.

Concurrent sentences are served at the same time. Consecutive sentences are served one after the other - for example, a six-month sentence followed by a three-month sentence.

The judge (or magistrate) tells you what type of sentence you get and how it must be served.

Suspended prison sentences

If you get a ‘suspended’ prison sentence you don’t go to prison immediately, but serve your sentence in the community. You have to meet certain conditions, which could include:

• having to stay away from a certain place or person - for example, the victim of your crime
• doing unpaid work - called ‘Community Payback’

If you break any conditions, or commit another crime, you will go to prison to serve your sentence unless there are exceptional circumstances.

• Community sentences - an overview

Prison sentences of a fixed length of time – ‘determinate’ sentences

A ‘determinate’ sentence is a prison sentence of a fixed length of time.

If your sentence is for 12 months or more

If your prison sentence is for 12 months or more, the first half of the sentence is spent in prison. The second half of your sentence is spent in the community ‘on licence’.

Being on licence means you have to meet certain conditions. This could include having to stay away from the victim of your crime.

If you break any conditions, or commit another crime, it’s possible you could go back to prison to serve your sentence.

If you’re on licence you are supervised (managed) by the Probation Service.

• Probation - what it is

If your sentence is under 12 months

If your sentence is under 12 months, you are released automatically half-way through.

You are not supervised (managed) by the Probation Service but can still be sent back to prison – for example, if you commit another crime.

Prison sentences with no fixed length of time – ‘indeterminate’ sentences

A prison sentence that doesn’t have a fixed length of time is called an ‘indeterminate’ sentence. This means you:

• have no automatic right to be released at a set date
• have to spend a minimum amount of time in prison (called a ‘tariff’) before you can be considered for release

The Parole Board is responsible for the release of offenders from prison.

Indeterminate sentences are given if a court thinks an offender is a danger to the public. They are usually given for violent or sexual offences.

Example of an indeterminate sentence

You commit a serious crime and are sentenced to a minimum of ten years in prison. After ten years, the Parole Board may decide:

• it’s safe to release you on licence - you’re then supervised (managed) by the Probation Service
• it’s not safe to release you - for example, because they think you are still a risk to the public

Find out more about how the Parole Board and Probation Service work by following the links below.

• Probation - what it is

• How Parole Board hearings work

Life sentences

If you get a life sentence, it lasts for the rest of your life – even if you’re released from prison.

If you’re found guilty of murder, a court must give you a life sentence. A court may also choose to give a life sentence for serious offences like:

• rape
• armed robbery
• attempted murder

You must spend a minimum amount of time in prison before being considered for release on licence.

If you don’t meet the terms of your licence - for example, you commit another crime – you are likely to go back to prison.

Whole life term

In some very serious cases, a judge may give you a ‘whole life term’. This means that there is no minimum term set by the judge, and you will never be considered for release.