Sentencing (England & Wales): 12 questions answered
Courts in England and Wales choose a sentence by following Sentencing Council guidelines, weighing how serious the offence was, any guilty plea, and factors for and against the offender. The Sentencing Act 2026 has changed suspended sentences and, from 1 October 2026, prison release points.
Law checked as at 25 September 2026. Legal information only, not legal advice. See how we check this page and recent changes.
What types of sentence can a criminal court give?
From least to most serious, the main sentences are: an absolute discharge (no penalty); a conditional discharge (no penalty unless you reoffend within a set period of up to three years); a fine; a community order; a suspended sentence order, which is a prison sentence you do not serve unless you break its terms; and immediate custody. Courts can add ancillary orders such as driving bans, compensation, confiscation or restraining orders. A court must not impose custody unless the offence is so serious that nothing else is justified.
How do judges decide what sentence to give?
Courts must follow Sentencing Council guidelines unless that would be contrary to the interests of justice (Sentencing Code, section 59). Most offence guidelines ask the court first to assess culpability (how blameworthy the offender was) and harm (the damage caused or risked). Together these give an offence category with a starting point and a category range. The court then adjusts for aggravating and mitigating factors, gives credit for any guilty plea, and checks the total sentence is fair overall. Guidelines are published free on the Sentencing Council website.
How much off my sentence do I get for pleading guilty?
Under the Sentencing Council guilty plea guideline, pleading guilty at the first stage of proceedings (usually the first hearing where a plea is asked for) earns a reduction of up to one third. After that the maximum is one quarter. The reduction then slides down to about one tenth on the first day of trial, and can be less or nothing once the trial is under way. Different rules apply to murder and to offences with minimum sentences. A solicitor can advise on the evidence before you decide how to plead.
What are aggravating and mitigating factors?
Aggravating factors make an offence more serious and push the sentence up. Examples include relevant previous convictions, offending while on bail, targeting a vulnerable victim, and hostility based on race, religion, disability, sexual orientation or transgender identity. Mitigating factors reduce the sentence. Examples include no previous convictions, genuine remorse, a minor role, good character, youth or immaturity, mental health conditions and being the sole carer for dependants. The relevant guideline lists the factors for each offence, and your lawyer puts mitigation forward before sentence is passed.
Will I get a suspended sentence instead of prison?
For offenders convicted on or after 22 March 2026, the Sentencing Act 2026 created a presumption that any prison sentence of 12 months or less must be suspended, unless exceptional circumstances justify immediate custody. The presumption does not apply where, for example, you are already in custody, the offence breached a court order, you committed it while under a community or suspended sentence order, or suspending would put a particular person at significant risk of harm. Courts can also now suspend sentences of up to three years, not two.
What is a community order?
A community order is served in the community and lasts up to three years. The court attaches one or more requirements, such as unpaid work of 40 to 300 hours, a curfew with an electronic tag, an exclusion zone, drug or alcohol treatment, mental health treatment, or supervised rehabilitation activity (renamed a probation requirement from 1 October 2026). From the same date, the Sentencing Act 2026 also adds new requirements, such as bans on driving or entering pubs. If you break the order without a reasonable excuse, the court can add requirements, fine you or resentence you.
How much of a prison sentence will I actually serve?
For most standard fixed-term sentences, prisoners are currently released automatically at 40% of the sentence, some at 50%, and certain serious violent or sexual offenders at two thirds. From 1 October 2026 the Sentencing Act 2026 moves most to one third and the two-thirds group to one half. Existing prisoners move across in stages until June 2027. Offences including rape, serious child sexual offences, manslaughter and causing death by dangerous driving are excluded. Extended, life and some other sentences follow separate rules. The rest of the sentence is served on licence.
What happens on licence, and can I be recalled to prison?
When released, you serve the rest of your sentence on licence in the community, supervised by the Probation Service and bound by conditions such as living at an approved address and attending appointments. If you break the conditions or are thought to pose a greater risk, you can be recalled to prison. Since 31 March 2026, most adults serving standard fixed-term sentences who are recalled serve a fixed 56 days before automatic re-release, with exceptions for certain serious offences. Others may stay in custody until the Parole Board directs release.
What is a pre-sentence report?
A pre-sentence report is prepared by the Probation Service to help the court choose the right sentence. A probation officer interviews you about the offence, your background, circumstances and risk of reoffending, and may suggest suitable options such as particular community requirements. Courts must usually obtain one before imposing custody or a community sentence, unless they consider it unnecessary. It can be a short report prepared on the day or a fuller written report, which usually means sentence is adjourned for a few weeks.
Will I have to pay a victim surcharge, costs or compensation?
Usually yes. The victim surcharge is added to most sentences and funds victim services. For adults' offences committed since 16 June 2022, it is 40% of any fine (up to £2,000) or a fixed sum for other sentences, from £26 for a conditional discharge and £114 for a community order to £228 for custody over two years. The court may also order you to pay prosecution costs. It can make a compensation order for injury, loss or damage caused to the victim, and compensation is paid before any fine. The court must consider your ability to pay.
Can I appeal against my sentence?
Yes. A magistrates' court sentence can be appealed to the Crown Court, normally within 15 business days, but the Crown Court can increase it. A Crown Court sentence can be appealed to the Court of Appeal with permission, normally within 28 days of sentence. You have to show the sentence was wrong in principle or manifestly excessive, not just that it was tough. Appeals that are plainly without merit can lead to a loss of time direction. Legal advice on the merits is important before appealing.
Can a sentence be increased if it is too lenient?
Some Crown Court sentences can be referred to the Court of Appeal under the Unduly Lenient Sentence scheme. It covers indictable-only offences and certain either-way offences, but not magistrates' court sentences. Anyone can ask the Attorney General's Office to review a sentence within 28 days of sentencing. Since 29 June 2026, a request received in the last 14 days of that period can get up to 14 extra days. A longer six-month window for victims is in the Victims and Courts Act 2026 but is not yet in force.
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How much off for a guilty plea? →Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
- Sentencing Act 2026 (legislation.gov.uk)
- Sentencing Act 2026 (Commencement No. 6 and Revocation) Regulations 2026
- Changes to automatic prisoner release dates in England and Wales (House of Commons Library)
- Reduction in sentence for a guilty plea guideline (Sentencing Council)
- Sentencing Act 2020 (Surcharge) (Amendment) Regulations 2022
- Ask for a Crown Court sentence to be reviewed (GOV.UK)
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