Non-custodial sentences

Non-custodial sentences are those that do not include imprisonment, such as discharges, fines and community orders. When sentencing an individual, criminal courts judge whether an offence is serious enough to impose a custodial sentence (either immediate imprisonment or a suspended sentence) or a non-custodial sentence. Criminal justice is devolved, so this POSTnote focuses on non-custodial sentences in England and Wales. In the year ending June 2019, 90% of sentences in England and Wales were non-custodial. This POSTnote presents sentencing trends and describes the non-custodial sentences currently used for adults and young people in England and Wales. It also reviews evidence on the effectiveness of non-custodial sentences and discusses policy considerations.

Non-custodial sentences