Custodial sentence

We are sending you to [prison] [a young offender institution] for a total period of ………… days/weeks/months.

  • [State each offence.
  • State the term of custody.
  • State whether concurrent or consecutive.]
  1. The offence(s) is/are so serious that only a custodial sentence can be justified. [or]
  2. There has been a wilful and persistent failure to comply with your community order. [or]
  3. You have refused to agree to the making of a ………… requirement on a community order.

Our reasons are:

[State your reasons]

[If applicable.] We have reduced your sentence because you pleaded guilty. If you had not, it would have been …………

Where the defendant has been subject to a qualifying tagged bail curfew

You have already spent […………insert number of days] on a tagged bail curfew and had to stay at a particular address for 9 hours or more each day.

[If the defendant is still subject to the tagged curfew] We do not count today as you will be serving a custodial sentence.

[If applicable] We reduce this period by […………insert number of days] because you were subject to temporary prison release/an order which included a tagged curfew requirement.

Because of this, […………insert number of days i.e. the calculated credit period] counts towards your sentence.

The prison service will calculate how this affects your date of release. If there has been any mistake made in working out this figure, it can be corrected without you having to come back to court.

[If applicable] Any time spent on remand will be calculated by the appropriate authority.

You will normally be released on licence once you have served half your sentence. Your licence will continue until the end of your sentence and if you are convicted of a further offence, or breach any of the other requirements of your licence, you may be returned to prison.

At the end of your licence period, you will then be further supervised in the community. The supervision will end 12 months after your date of release from prison. If you do not comply with the terms of this supervision, you may be brought back to court and given a further penalty which can include sending you to prison.

[If applicable.] As a foreign national who has been sentenced to 12 months’ imprisonment, you are now liable to deportation. The Home Office makes this decision, not the court, and they will contact you.

Do you understand?

[If applicable consider any ancillary orders, compensation and/or disqualification.]