Suspended sentance Question please?


How is a suspended sentance determined is it a deal with the prosecution if not ample evidence? Is it to do with past history,of defendant. Is the lengh of time from the crime took place into consideration say 6 years previous. Any information would be drastically helpful x
Best Answer:
In the UK sentencing is entirely the prerogative of the judge and does not involve any 'deals'. The only legitimately acceptable 'deals' are: the giving of a caution by the police, usually when the offence is extremely minor and would not own been taken to court anyway, or when there is little likelihood of a conviction if it did; agreement between the safeguard and the prosecution to prosecute for a lesser charge in return for a guilty plea. Usually a sentence is suspended when the accused is a first wrongdoer and the crime is relatively minor. This allows the person to be put on probation with particular requirements, going to an attendance nub, taking a specific course or undergoing treatment, say for anger management or drug addiction. The time of year of the suspension would normally be determined by the time required to comply with the requirements. Breaking these requirements or committing another crime during the period of the suspension would trigger the imposition of the untested sentence. Sentences may also be suspended when there were extenuating circumstances surrounding the original crime, or if at hand were elements in the person's life that might be taken into side, like a women having sole care of young at heart children. It is not usual for the history of the defendant to be given any consideration unless that history impinges directly on the circumstances of the crime. In these cases there may be no requirements other to be of good part for the period of suspension
A suspended sentence is usually offered by the prosecution based on a number of factor, severity of the crime, criminal record, jail overcrowding, help as an informant... Sometimes they will give it if the case is weak, but the more common tender there is a lesser charge more easily proved. Time since the incident is not usually a factor, but time already served may be. Generally, the prosecutor is looking for someone at low risk to reoffend, who will bring back the benefit of being able to be employed and out of jail, but still requires monitoring and perchance a little extra incentive to stay out of trouble.
Suspended sentences exist when the Court feels that the offence is so serious that with the sole purpose custody can be justified but feels able to draw backbone from immediate custody in favour of a length of suspension. Usually, suspended sentences are given to people who have a job, few convictions, a drug problem that can be worked on etc etc. The suspended sentence contains requirements - unpaid work, supervision, curfew etc etc. Exactly alike as community order requirements but with a bigger cloud hanging over the defendant's skipper - ie the activation of the sentence that was suspended. Suspended sentences are expressed in weeks and cannot exceed 52 weeks. It is not possible to suspend a sentence of over 52 weeks. The time of year of suspension (also called the operational period) is usually 12 to 24 months. So a person might bring a sentence of, for example, 26 weeks imprisonment, suspended for 12 months with a requirement for supervision for 12 months and a requirement to perform 100 hours of unpaid work. Breach of the command leads to either the activation of the sentence or making the order longer (increasing the running period) and/or more onerous (adding unpaid work hours, a curfew or extra supervision for example).
Practising Barrister
A suspended sentence is determined on the nature of the crime, the seriousness and whether further offences may be committed. Previous convictions are taken into report also.