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Sentencing

The court sentences the offender after considering all the relevant information. This can include pre-sentence reports and other specialist reports or a 'mitigating plea' by the defence. A range of sentences is available, and the sentence will depend on the type of court and the seriousness of the offence. Sentences include:

• discharge - which can be 'absolute' and not carry any conditions, or 'conditional' (on not committing another offence)
• monetary - for example, fines, compensation orders and confiscation orders
• custody - a prison sentence
• community sentence - also known as a 'community punishment order' and previously as 'community service'

Community sentences

Community sentences mean that the offender has to do a certain amount of unpaid work for the community. If the offenders is employed, they are expected to do the work in their own time. If they are under a 'community rehabilitation order' (previously called a 'probation order'), they will be under the supervision of a probation officer.

There is more about community sentencing and probation in the Crime, justice and the law section of Directgov - follow the link below.

Custodial sentences

Imprisonment is the most severe penalty that is available to the courts - it is generally only available for the more serious offences. Additionally, each each offence has a maximum prison term, which is usually set out by an Act of Parliament. There are mandatory minimum sentences for serious repeat offenders (meaning that they can't be sentenced to less than a specified amount of time in prison). Any time an offender has spent in custory before their trial usually counts as time towards their sentence.

Attendance Centre Orders

Male and female offenders between the ages of 10 and 25 can also be given Attendance Centre Orders as an alternative to another community sentence or detention. The centres aim to reduce crime in low-risk offenders by dealing with problems when they begin. Offenders usually take part in group exercises to explore why they offend and to stop offending. They are also offered help to develop skills and confidence, and are encouraged to be assertive, rather than aggressive, and to relate positively to other people. For more information on the treatment of young offenders, follow the link below to the 'Young Offenders' information in this section.

• Probation and community sentencing (crime, justice and the law section)

Appeals

Any person convicted by a magistrates' court can appeal to the Crown Court against their conviction, and/or the sentence imposed, or on a point of law to the High Court. Appeals from the Crown Court go to the Court of Appeal (Criminal Division).

A further appeal can be made to the House of Lords if permission is given.

The Criminal Cases Review Commision - which is independent of both government and the courts - reviews alleged miscarriages of justice that have been through the appeal process. It can refer a case back to the Court of Appeal if there is a possibility that either a conviction or a sentence would not be upheld. Referral of a case to the Commission depends on some new argument or evidence being discovered that was not raised at the trial or appeal.

Sentencing and appeals in Scotland

There are some differences in the way Scotland deals with sentencing and appeals.

Non-custodial disposals

The non-custodial disposals (or sentences) in Scotland include fines, community service orders, probation orders, restriction of liberty orders, and drug treatment and testing orders.

Custodial sentences

In Scotland, a court must obtain a social enquiry report before imposing a custodial sentence if the offender is under 21, or if they have not previously served a custodial sentence.

Appeals

A convicted person can appeal against their conviction, or sentence, or both, to the Scottish Court of Criminal Appeal. There is no further appeal from this court to the House of Lords. The Scottish Criminal Cases Review Commission considers alleged miscarriages of justice and refers cases which meet the relevant criteria to the Court of Appeal for review.

For more information on sentencing and appeals in Scotland, follow the link below.

• Sentencing and criminal penalties in Scotland Opens new window

Sentencing and appeals in Northern Ireland

Northern Ireland's legal system is broadly similar to that in England and Wales. The Criminal Justice System Northern Ireland website provides information on how offenders are sentenced and how the appeals system works. Follow the link below for more information.

• Criminal Justice System Northern Ireland Opens new window