A suspended sentence is a legal construct. Unless a minimum punishment is prescribed by law, the court has the power to suspend the passing of sentence (generally for a period of three years) and place the offender on probation. It is the passing of the sentence, not the sentence itself that is being suspended. This means that if the person is convicted of another offense during the period when the passing of sentence had been suspended, then the person may be sentenced for the original offense. Probation is the suspension of a prison or jail sentence - the criminal who is on probation has been convicted of a crime, but instead of serving prison time, has been found by the Court to be amenable to probation and will be returned to the community for a period in...
Suspended sentence is necessary for probation, but in cases where the penalty is recorded as suspended sentence it is often given to mitigate the effect of the penalty. Suspended sentence is often given to individuals of some celebrity and many consider it a slap on the wrist.
A suspendedsentence is a sentence of imprisonment.
When assessing the length of the operational period of a suspendedsentence, the court should have in mind the relatively short length of the sentence being suspended and the advantages to be gained by retaining the opportunity to extend the operational period at a later stage (see below).
Sentencing Guidelines: See: 2.2.22 If the new offence is non-imprisonable, the sentencer should consider whether it is appropriate to activate the suspendedsentence at all.
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