Probation and Community Sentencing

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Probation and Community Sentencing

What are community sentences?

When someone is convicted of a criminal offence, the court has several sentencing options available. A prison sentence is not always appropriate, and courts will often consider alternatives that allow the offender to remain in the community while still facing meaningful consequences for their actions.

Community sentences sit between a fine and a custodial sentence in terms of severity. They require the offender to comply with certain conditions while living at home and, in most cases, continuing with work or family responsibilities. The aim is to help the offender change their behaviour, keep the public safe, and cut down the chances of further offences.

The two main types of community sentences are the Community Order and the Suspended Sentence Order. Both were introduced by the Criminal Justice Act 2003 and continue to be significant options in how courts may deal with offences that are serious but do not necessarily require immediate imprisonment.

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Community Orders and Suspended Sentence Orders

A Community Order can be given for offences that are punishable by imprisonment. The court attaches one or more requirements that the offender must complete. These requirements are tailored to the individual and the nature of their offence.

Common requirements include:

  • Unpaid work, sometimes called community service, for up to 300 hours under current guidelines
  • A curfew, often monitored by an electronic tag
  • Drug or alcohol treatment programmes
  • Mental health treatment
  • Supervision by a probation officer
  • Attendance at specified activities or programmes
  • Exclusion from certain places
  • A residence requirement specifying where the offender must live

A Suspended Sentence Order is different. This is where the court passes a prison sentence but suspends it for a set period, typically between six months and two years. During this time, the offender must comply with requirements similar to those attached to a Community Order. If they breach these conditions or commit another offence, the court can activate the original prison sentence in full or in part.

The specific requirements attached to either order depend on the offence, the offender's circumstances, and what the court considers most likely to prevent further offending. Sentencing guidelines help judges and magistrates decide which requirements are appropriate in each case.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

The role of the Probation Service

The Probation Service, which operates as part of His Majesty's Prison and Probation Service (HMPPS), manages community sentences. Following a restructure in 2021 that unified the former National Probation Service with Community Rehabilitation Companies, probation officers now supervise offenders, monitor their compliance with court requirements, and provide support to help them move away from criminal behaviour.

If you receive a Community Order or Suspended Sentence Order with a supervision requirement, you will be assigned a probation officer. You will need to attend regular appointments and may be required to take part in programmes designed to address the factors behind your offending. This could include courses on thinking skills, managing anger, or dealing with substance misuse.

Probation officers also prepare pre-sentence reports for the court before sentencing. These reports give the judge or magistrate information about the offender's background, circumstances, and the likelihood of different sentences being effective.

Since the Offender Rehabilitation Act 2014 came into force in February 2015, anyone serving a custodial sentence of more than one day is subject to at least 12 months of supervision upon release. This period of supervision is intended to help with reintegration into the community and reduce the risk of reoffending.

What happens if you breach a community sentence?

Failing to comply with the requirements of a Community Order or Suspended Sentence Order is taken seriously. If you miss appointments, fail to complete unpaid work, or break other conditions, your probation officer can initiate breach proceedings.

The court then decides what action to take. Options include issuing a warning, adding further requirements to the order, or imposing a more severe sentence. For a Suspended Sentence Order, this may mean serving some or all of the original prison term.

The response depends on the nature and seriousness of the breach. A single missed appointment might be treated differently from persistent non-compliance or committing a new offence.

If you are facing sentencing or have questions about community sentences, current guidelines and detailed information are available on GOV.UK. Sentencing Council guidance also sets out how courts approach these decisions.

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Ask Courtroom Advice a Question
CourtroomAdvice Editor 04/08/2026 at 1:00 pm
@Cal A probation officer can question a MED3 if they feel the evidence doesn't match what they're seeing, but they shouldn't just ignore it outright. If they've decided to breach you, the matter will go back to court anyway, and that's where you'll properly raise the medical evidence. In the meantime, ask for a supervisor review and get your GP to write a fuller letter setting out exactly which activities you can't do. Legal aid solicitor before the hearing is well worth it.
Cal 04/08/2026 at 12:44 pm
I have a community probation order in place and my probation officer has stated that they have tried to accommodation for my health needs as much as possible in terms of my work/role.
I have a MED3 note from my GP stating that I am not fit for work but this is not being accepted and I am being told that I will have to return to court as my probation officer has stated that I am not complying with the court order.
Can the MED3 note be discounted by my probation officer or do I need to go back to court and raise this them?
CourtroomAdvice Editor 18/05/2026 at 9:16 am
@Shem That sounds really frustrating, especially after two clean years on licence. Put your transfer request in writing to the Senior Probation Officer at that office, set out your reasons (area, safety, lack of support) and ask for a written response within 14 days. If they still fudge it, escalate via the HMPPS complaints procedure and copy in your MP. Keep notes of every appointment and conversation in case they do try to push a breach.
Shem 21/03/2024 at 9:58 am
I've been asking to move office for the last 3 months. My probation office has refused to move me.ive served 2 years on licence without any problems and seems the office I'm with want help me with nothing .I'm going round in circles. I should of been moved because of the area. But when tried to be negative towards me and I asked not to there playing games.and it strongly feel they are provoking me to a breach and no other probstion will not give me advice
Loger 05/03/2024 at 4:59 pm
I finished my order in January I am up for breach in April now my order is finished do I have to still attend probation until court I don’t understand why I am still being asked to attend probation wen I finished it thanks
anne 23/11/2023 at 3:18 am
I'm on probation but not on licence I've breeched my probation 3 times will i go prison
Hard done to 07/09/2023 at 5:03 pm
My partner has been recalled for allegations against him, these were retracted straight away and no police involvement, his probation have falsified information on his dossier and they have withheld information, his scores are all low/medium, his probation are not backing his release even though now new charges brought and no breaking of licence conditions how can this be ???? What is he is chances of release on the papers ??
Fedup1990 06/09/2023 at 8:53 pm
When I was given 200 hours unpaid work to complete, I was not working but the probation service couldn’t place me at the time. Now I’m working full time (and then some in order to pay bills and keep a roof over my head) and unable to complete any unpaid hours - especially with my mental health being quite bad, it’s a struggle to get out of bed most days. Is there another way this can be approached and paid back eg an additional fine instead?
Rosie300 25/07/2023 at 6:05 pm
Hi I was put on a 24 months 2 years suspend sentence I missed a couple of appointments due to my serve mental and I let them know that I could not attend because I had suicidal thoughts been recalled back to court and now I have been attending all my appointments and I am going back to work and I was just wondering what will happen when I go to court thanks
PD9686 18/07/2023 at 5:37 pm
I was given a two year suspended sentence and it ends in October 2023. Will I still be under the probation services until the offence is spent?
Yorksman 23/05/2023 at 6:19 pm
I was sentenced to 100 hrs unpaid work, but and the probation service applied for an extension which was rejected by the court. I'm not sure what this means? The probation officer said they'll be in touch if they decide to pursue the matter, but I don't know what happens now.
K123 20/03/2023 at 7:39 pm
I’m coming to the end of a 18 month suspended sentence and I have completed my unpaid work hours but not my RAR days when my suspended sentence is up do I legally have to do them. They haven’t bothered to get me to do them during the 18 months
Govner 18/03/2023 at 9:10 pm
Can my probation officer ask who I date and put me on a 20 day course for drink driving plus turn up to my property unannounced?
LadyG 07/01/2023 at 4:02 pm
I have not been offered any work to pay back my hours. My order ended 20 December 2022. How does this work?
Goldengirl 06/09/2021 at 7:05 pm
My 21yr old son has just been released from prison. Before he was released I thought he would be coming back to my address. A week before my sons social worker called and said if I knew he would not be allowed home and that my son was not aware. I have suffered with my mental health for many years and last year attempted to take my life. My son was in prison from May 2020. He was calling me every day and said I shouldn't worry as he would be out soon to help me and his grandmother. The last few months I have been engaging with the mental health team and was getting better with the prospect of my son coming home. Then my son was told that he was going to an AP then he wasn't , then he was. No one knew where my son would going on release from prison and my son also had not been told anything about license conditions. On 1st September 2021 my son was told that he would be going into shared accommodation and has a curfew 7am till7pm. Today he has gone to the accommodation it is not fit for a dog. There's broken windows furniture dumped in the garden and the area is not good. It is an area where bad things happen on a day to day basis. My son does not know anyone in the area and I thought probation was to help the offender from offending again , my concerns as much as he's an adult, he's withdrawn and I don't want for him to get himself mixed up with others. There's nothing wrong with where we live he has got his bedroom. He knows what he wants to do now with his life. There no criminal activity where we live. I cant see why he could not have just be sent home with a curfew. I cant see how his situation will be beneficial or a help to him in anyway. Yet some one I know who is just like my son was able to return back to their family home. I feel like no ones on the same page. It's like they want him to fail not better himself
Hungry01 18/08/2021 at 9:05 pm
Can Probaition stick another 6 months to my order without a court order , my 2 year court sentence has almost come to an end but I have been given this 6 month extension due to COVID it was out of my control I’ve paid over 1700 in fines attending courses and any Probaition I have been given without fail but 250 hours community payback still outstanding due to this can someone please enlighten me many thanks
Jase 10/08/2021 at 5:03 pm
Under community payback can I work and get job?
Sophie57 25/05/2021 at 7:09 am
Hi my son has been recalled no one wants to tell me why and I am devastated to say the least. He was doing so well, then all of a sudden there was the police knocking at his door. He handed himself into the police station and I don't know what is happening to him. If you can enlighten me it would be appreciated. Thank you
Jandoe 22/04/2021 at 4:25 am
If you don't attend probation and have also failed to attend any community service, is there a high possibility that a prison sentence will be sentenced? I've never been to prison before and that was my first court appearance and first arrest and what not, however I never attended either probation or community service, I'm well aware that a warrant was issued (this was almost 2 years ago since they issued my arrest warrant) when they finally catch up with me, is It more than likely that a custodial sentence will be issued??
Danielxxn 21/04/2021 at 8:19 pm
Hi, can I pay for the unpaid working hours that I got in the comunity order?
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