Breach of a Suspended Sentence: Law and Available Defences
A suspended sentence is a type of custodial sentence where the court imposes a prison term but allows the individual to remain free, provided they comply with specific conditions during a defined period. If these conditions are breached, the suspended sentence may be activated, meaning the offender could face imprisonment. Representing yourself in these situations can be risky, and having experienced legal representation is crucial in persuading the court to not activate the sentence or impose an alternative penalty.
At Allen Hoole Solicitors, we specialise in representing clients facing breach of suspended sentence hearings. As one of the largest criminal defence firms in the South West of England, our experienced solicitor advocates have the expertise needed to build a persuasive case and seek the best possible outcome for our clients.
What is a Suspended Sentence?
A suspended sentence is when the court sentences someone to a term of imprisonment but "suspends" it for a period of time (up to two years). The individual is allowed to remain in the community, provided they comply with certain conditions, which may include:
- Unpaid work (community service),
- Rehabilitation programmes (such as anger management or drug treatment),
- Supervision by a probation officer,
- Curfews or electronic monitoring.
During the suspended sentence period, the individual must not commit any further offences or breach the specific conditions of the order. If they do, they will be brought back to court for a breach hearing.
What Happens if You Breach a Suspended Sentence?
If an individual breaches their suspended sentence by either committing a further offence or failing to comply with the conditions, they will be summoned to court. The court has several options, including:
Activate the suspended sentence
This means the person will serve the original prison sentence. If they were given a six-month suspended sentence, they could now be sent to prison for six months.
Extend the operational period
The court may decide to extend the length of time that the suspended sentence is in place, giving the individual another chance to comply with the conditions.
Vary the conditions
The court could impose additional or more restrictive conditions, such as requiring more unpaid work or stricter supervision, without activating the sentence.
Impose a fine or alternative penalty
In some cases, the court may choose a lesser penalty, such as a fine or an additional community order, depending on the nature of the breach and any mitigating factors.
Defences and Representation in Breach of Suspended Sentence Cases
At Allen Hoole Solicitors, we understand that there are often mitigating circumstances behind a breach, and our goal is to present these to the court to avoid the sentence being activated. Common defences include:
Reasonable Excuse for the Breach
The court may be persuaded not to activate the sentence if there was a valid reason for the breach, such as a health issue, personal emergency, or lack of clarity about the conditions. For example, if someone missed an unpaid work session due to illness and provided evidence of this, the court may consider this a reasonable excuse.
Commitment to Compliance
If the breach was minor or a one-time issue, demonstrating a commitment to complying with the conditions in the future can be crucial. This can involve attending programmes, completing unpaid work, or showing up for supervision meetings consistently moving forward.
Minimal or No Harm from the Breach
If the breach did not cause harm to anyone or the community (for example, missing an appointment), this can be used as a mitigating factor. The court may be more lenient in such cases and opt not to activate the sentence.
Lack of Knowledge of the Breach
Sometimes, an individual may not have been fully aware of the breach or the conditions of the suspended sentence. In these cases, it’s important to present the facts clearly, and our legal team can argue that the breach was unintentional.
Importance of Legal Representation
Representation is crucial when dealing with breach of suspended sentence cases, as experienced legal counsel can help persuade the court to impose a more lenient penalty. At Allen Hoole Solicitors, our team of solicitor advocates has successfully represented clients in these matters, often helping them avoid prison time by presenting strong mitigating factors and alternative penalties.
We also have access to the best specialist barristers in this area of law, which gives us a significant advantage in providing high-quality representation in court. With our knowledge and expertise, we are able to navigate the complex legal landscape surrounding suspended sentence breaches and give our clients the best possible chance of avoiding imprisonment.
Why Choose Allen Hoole Solicitors?
At Allen Hoole Solicitors, we are one of the largest and most experienced criminal defence firms in the South West of England. Our team of dedicated and highly skilled solicitor advocates is committed to providing exceptional legal representation, particularly in breach of suspended sentence cases.
If you or someone you know is facing a breach of suspended sentence hearing, contact Allen Hoole Solicitors today. We are available 24/7 to provide expert legal advice and representation, ensuring your rights are fully protected throughout the legal process.