Imposition of community and custodial sentences
s.120 Coroners and Justice Act 2009 · Crown Court, Magistrates
Sentencing framework
The guideline outlines the principles for sentencing offenders aged 18 and over, stressing that sentencing must serve the purposes of punishment, crime reduction, rehabilitation, public protection, and reparation. It provides a framework for distinguishing between community orders and custodial sentences based on the seriousness of the offence and the offender's circumstances.
Maximum sentence
Life imprisonment (where applicable)
Court
Crown Court, Magistrates
Starting point
Not specified
Offence range
Discharge - 3 years custody
Aggravating factors
- ·Previous convictions that can be treated as aggravating factors
- ·Seriousness of the offence
- ·High risk of reoffending or harm
Mitigating factors
- ·Low risk of reoffending
- ·Strong personal mitigation
- ·Impact of custody on dependents, including pregnant or postnatal offenders
The sentencing process, step by step
- Step 1 — Determine the offence category based on culpability and harm.
- Step 2 — Identify starting points and ranges for sentencing.
- Step 3 — Consider factors affecting the sentence length.
- Step 4 — Adjust for any aggravating or mitigating factors.
- Step 5 — Finalize the sentence and any additional requirements.
Guideline notes
- Sentencers must consider implications for vulnerable groups and individual circumstances of the offender.
Always read the full guideline
This is a one-page summary. For any live case, sentencing exercise, or legal advice the authoritative source is the Sentencing Council's own definitive guideline — including the category bands, step-by-step sentencing approach, and all statutory factors not captured here.
Open the full guideline on sentencingcouncil.org.ukSource: Sentencing Council · Crown copyright, licensed under Open Government Licence v3.0. Summary fetched 2026-06-28. Not legal advice — see a regulated adviser for any live case.