Determining operational and supervision periods of a Suspended Sentence Order

Operational period

The length of time for which a sentence is suspended, during which the offender will be liable to go to custody to serve the suspended custodial term if they commit another offence.

This period begins on the day on which the order is made and must be at least 6 months and not more than two years.

The length of the operational period should be tailored to the particular circumstances of the case. Non-exhaustive factors which may be relevant when determining length of the operational period are:

·       the length of the custodial term to be suspended;

·       the nature and duration of any requirements of the order and resulting supervision period;

·       the risks of reoffending or harm.

Supervision period

The length of time for an offender to complete any requirements of the suspended sentence order, during which the offender will be liable to go to custody to serve the suspended custodial term if they fail to comply with any of the requirements.

This period begins with the day on which the order is made and must be at least 6 months and not more than two years, or the operational period if this is less than two years.

Non-exhaustive factors which may be relevant when determining the supervision period include:

·       the length of time required to complete any requirements;

·       the length of time required for rehabilitative requirements to be most effective (please consult Probation if necessary).

If the suspended sentence includes an unpaid work requirement, the supervision period for this requirement continues until the offender has completed the number of hours in the requirement but does not continue beyond the operational period.