Suspended jail sentences

[ElizaCBennett]

Reading a current case where a couple stole credit cards from gym lockers to fund holidays etc. The man was sentenced to 3 years I think and the woman got a suspended sentence. Just using this as an example; why would the sentence be suspended, what would be the rationale?

it seems like this is no punishment at all?

Not trying to start a fight but would really like to understand

I know someone that committed a serious assault with a weapon. Could have killed the person all they got was a suspended sentence. I think it does fuck all and is not a punishment. Two years of good behaviour and can go back out assaulting people again. Same for this woman she can be out stealing again in a matter of years or the next day the choice is hers. Justice system is a piss take and I wouldn't ever go to the police for any help.

You can read the sentencing guidelines online, sentences have a starting point for each specific crime and then the judge/magistrate can raise or lower the sentence from that point. There are aggravating factors that will increase the sentence, and mitigating factors that will reduce the sentence. An early guilty plea will reduce the sentence as well. The individual's history of offending can be an aggravating factor as well, so if they have a long string of similar offences then the sentence might be increased.

A suspended sentence means that the person will have to comply with various restrictions or requirements placed on them, as well as not offend during the period of time. If they do, then the prison sentence will be enforced, as well as the sentence for the new crime. A fairly decent incentive not to reoffend.

It's still a criminal record, I think? Presumably her part in it was thought to be less serious and didn't warrant a custodial sentence. Just read an article - they sound awful. She's a lot younger than him (20 vs 39) and her sentence would have been at a young offender institute. I think she does have to do the 120 hours unpaid work anyway. Any further offending and I believe the suspended sentence gets added on to whatever else you've done.

Can't really tell from the article, but it seems to be implying that the man did the actual locker breaking, in which case she went along with it and profited from it so is guilty. Maybe the thought is that actually locking her up might make her more criminal rather than less? Don't know.

The fact she received a lower sentence than him suggests that either the judge considered her to be less culpable than him or that she had more mitigating factors. The judge's sentencing remarks are not currently available online so there is no way to tell which.

A suspended sentence is classed as a custodial sentence. She has a criminal record and it will remain on DBS checks forever. Any sentence of less than 2 years can be suspended if there is a realistic prospect of rehabilitation, and/or strong personal mitigation, and/or immediate custody will have a harmful impact on others. If she offends again or breaks any of the requirements of the suspended sentence, she is likely to go to prison (in her case, a young offenders' institution).

Care of children often.

@ElizaCBennett do you have a link to the report?

Couple stole gym-goers' bank cards from their lockers and blew £250,000 on trips to Dubai, Paris and the Amalfi Coast, designer gear and even a pedigree puppy | Daily Mail Online

@ElizaCBennett thank you. Searching their names on Google brought up some other accounts which were easier to fillet than the Mail.

The sentence was for Fraud by False Representation and not, as one might have though, theft. The Sentencing Guidelines give a range of sentences from 10 years down.

Both were found guilty by a Jury so no discount for a guilty plea.

He's all but twice her age even now and, at the time of most of the offending she was probably under 18. The Judge will have had the benefit of reports on both of them. Sentencing remarks at this sort of level don't usually get published but we can probably assume she was 'led astray' and may have had a much less 'hands on' role in the fraud although she was clearly living 'high off the hog' on the proceeds. He was probably a known offender with a long list of previous.

There's no point in sending her to a YOI where she'd probably learn how to offend better next time without being caught!!

Thank you all for your input!

It keeps the jails empty enough for the murderers and TV licence avoiders.

But TBH it's basically pointless and not much of a deterrent. Just like how they shouldn't basically halve sentences for "good behaviour". But we don't have enough prisons. I'd rather a system like most other countries around the world where crime = punishment. The amount of pisstakers and career petty criminals in this country is unreal.

My mum and a younger woman were killed in a car accident in a head on collision. Two others were badly injured. The driver at fault got a suspended sentence.
He was a pensioner.
I agree he was no danger going forward, but it felt like we got no justice at all.

For clarity, early release for good behaviour is intended to encourage prisoners to behave well whilst in prison. Most countries have a similar system of early conditional release. Also note that you can't go to prison for TV licence evasion. However, if you are fined for TV licence evasion and fail to pay the fine, you can be imprisoned for that.