Explainer: Deferred sentence

27th February 2024

What is a deferred sentence? 

When a person is convicted of an offence for which the penalty is both a fine and imprisonment (i.e., the vast majority of offences), a court may choose to impose the fine while postponing the passing of a prison sentence. This postponement is known as a deferred sentence and provides the person convicted of an offence with a chance to avoid imprisonment. 

When can a deferred sentence be imposed? 

The court can only order the deferral of a prison sentence with the consent of the person convicted of an offence. When making this order, the court will set out conditions which the person must meet to ultimately avoid prison. Before imposing the deferred sentence, the court must be satisfied that the person will pledge to comply with these conditions. These conditions will always include being of good behaviour and keeping the peace. 

A prison sentence can be deferred for a maximum of six months. When the court makes the order to postpone the sentence, it provides a fixed date — falling within six months of the order — on which the person will face imprisonment if they refuse or fail to comply with the conditions. The court will also specify the length of the sentence that will be imposed in the event of the conditions being breached.  

At least one month before the fixed date set by the court, the person subject to the deferred sentence will be given notice to attend a court sitting. If the individual does not attend, the court may issue a warrant for their arrest.  

Similarly, if at this sitting the court finds that the person has not complied with the prescribed conditions, the court may proceed to impose the original sentence or a lesser sentence depending on the circumstances of the case.  

On the other hand, if the court is satisfied that the person has abided by all the conditions in its initial order, the prison sentence will not be imposed, and the person will be discharged from the deferred sentence – meaning that the deferred sentence is at an end. However, they will still have a criminal record.  

What is the legal basis for a deferred sentence? 

Section 100 of the Criminal Justice Act 2006 provides the legal basis for a deferred sentence.

Additional Information 

A deferred sentence sounds similar to a suspended sentence. Both aim to help a person avoid imprisonment.  

But there are some key differences.  

When a prison sentence is deferred, it is not in fact imposed – at least not until a later date and only if a person breaches the conditions attached to a deferred sentence. At the initial sentencing hearing, the court must still specify the length of sentence that would have been imposed had the sentence not been deferred.  

When a prison sentence is suspended, it is technically imposed but the person is only sent to prison if they breach the conditions of their suspension. There's no six-month time limit when it comes to suspended sentences: the "operational period" (i.e., the period of time for which the convicted person must keep the peace, be of good behaviour and respect the conditions set by the court in order to avoid the sentence) will vary based on the circumstances of the case. This means the operational period could be well over six months. Should the person break these conditions in the given timeframe, they would have to serve the prison term that was originally imposed.  

 A suspended sentence is more serious than a deferred sentence.