Courts can give different lengths of prison sentences depending on their level:
- Justice of the Peace Court: up to 90 days.
- Sheriff Court (Summary): up to 12 months, though PASS legislation discourages using custody.
- Sheriff Court (Solemn): up to 5 years.
- High Court: can give any length of sentence, including life imprisonment.
Short-term sentences (under 4 years)
The person is usually released after serving 30% of their sentence. If the offence is domestic or sexual, they must serve 50% before release.
- They won’t have statutory supervision unless the court imposed:
- a Supervised Release Order
- an Extended Sentence
- a Short Term Sex Offender Licence.
Long-term sentence (4 years and over)
- The person can apply for parole after serving half their sentence.
- If refused, they can reapply every 12 months.
- All long‑term prisoners are supervised in the community until the end of their sentence to reduce risk and support reintegration.
Extended sentence
An Extended Sentence includes:
- A prison term (short or long, as above), and
- A longer period of supervision in the community after release.
Courts use Extended Sentences when:
- the offence caused serious harm, or
- the person poses a risk that needs managed in the community.
Life sentence
- Automatically given for murder, but can also be used for other serious offences.
- The court sets a minimum punishment period that must be served in prison.
- After that, the person can apply for release on a Life Licence.
- If released, they are supervised for life, although supervision can be ended after 10 years if the Parole Board agrees.