Stricter standard for suspended sentence breach

SEX offenders, stalkers and other criminals handed suspended sentences will no longer get away with flimsy excuses to stay out of prison if they breach their licence.

Currently, if someone breaches the terms of a suspended jail order the court has the discretion to allow them to avoid jail. But the Sentencing Council has handed down tough new guidelines, stating that only exceptional circumstances can now keep someone out of prison.

The change follows a dramatic increase in the use of suspended sentences in recent years and comes amid claims the penalties are not tough enough. Rory Stewart, the justice minister, said: “For the justice system to work we need … to ensure that offenders comply with the court orders, and that if they don’t they will face clear consequences.”

Orders covered in the guidelines include sexual harm prevention orders, which place restrictions on people convicted of sex offences, and restraining orders, which can be imposed in stalking cases. But any criminal issued with a suspended sentence will be forced to obey the new rules.

Courts have been told that those on suspended sentence orders should be sent to prison in the event of a breach “unless it would be unjust in all the circumstances to do so”.

This requires there to be new and exceptional circumstances – not present at the time the order was imposed – that prevented the person from complying.

This might involve the offender caring for a disabled relative, which means they cannot carry out the unpaid work that was stipulated in their sentence.

Julian Goose, a member of the Sentencing Council, said: “We are giving courts clear guidance on what action should be taken against those offenders who ignore court orders so that they are dealt with consistently.”