Question: Why Would A Judge Suspend A Sentence?

What is the point of a suspended sentence?

Suspended sentences are given to convicted offenders on the understanding that if they reoffend or fail to observe their conditions they are liable to be sent to prison..

Is a suspended sentence serious?

If the defendant breaches the terms of the suspended sentence, or commits another offence, they are likely to be sent to prison to serve the original prison term imposed. A suspended sentence may be accompanied by a fine, but the court cannot impose a community sentence at the same time as suspending a prison sentence.

What does Guilty suspend mean?

If you are convicted at trial or plead guilty to a crime for which the judge can sentence you to jail or prison, the judge can suspend all or part of the sentence and place you on probation (supervised or unsupervised). A suspended sentence can be an excellent alternative to serving a lengthy jail or prison sentence.

Can a judge suspend a mandatory sentence?

Suspended Sentence: Effective Deterrent or Soft Option? (NSW) … In New South Wales, sentencing judges and magistrates have the power to order a defendant to serve a period of imprisonment for an offence, but to order that the period of imprisonment be ‘suspended’ for a specified period.

What does a suspended sentence mean?

A suspended sentence is a legal term for a judge’s delaying of a defendant’s serving of a sentence after they have been found guilty, in order to allow the defendant to perform a period of probation.

Which is an example of a suspended sentence?

For example, if a person was convicted of shoplifting for the first time, the judge could impose thirty days of incarceration as a penalty and then suspend the imprisonment on the condition that the defendant not commit any crimes during the next year.

Can you travel while on suspended sentence?

If you wish to travel outside the UK while you are on licence, you will need to seek permission from your probation officer. Each request is considered on a case-by-case basis, but you should be aware that permission will only be granted in exceptional circumstances.

Will a suspended sentence show on a CRB check?

Regardless of the conditions of probation, those who receive suspended sentences will have a criminal record that will show up on all police background checks for employment. They will also have to answer “yes” to having a conviction on employment and immigration applications.

Can a mandatory minimum sentence be reduced?

However, mandatory sentences are legislative interventions by the government that set a minimum, mandatory sentence for certain offences. Thus, they curtail a judge’s discretionary power to take into account a case’s particular circumstances that could reduce the sentence.

How long does a 12 month suspended sentence stay on your record?

For example, if you received a 12 month suspended sentence in January 2014 (suspended for 2 years), the buffer period would be 4 years, starting from January 2015. The conviction would become spent in January 2019.

How do you convince a judge to not go to jail?

Tips for Speaking in Front of the JudgeBe yourself. Well, at least be the best version of yourself. … Do not lie, minimize your actions, or make excuses. … Keep your emotions in check. … The judge may ask you when you last used alcohol or drugs. … Be consistent. … The judge may ream you out.