Section 177(2) of the Sentencing Code makes provision for suspending custodial sentences of up to 2 years. Section 288(2) of the Sentencing Code enables courts to suspend custodial sentences for between 6 months and 2 years. Courts can impose one or more community order requirements as part of a suspended sentence, which the offender must comply with.
	Where requirements are imposed, courts must specify the supervision period, which is the period during which the offender is supervised by probation. The supervision period must be between 6 months and 2 years, not exceeding the operational period. Where the court imposes an unpaid work requirement, in accordance with section 288(5) of the Sentencing Code, the supervision period must continue until the offender has worked the number of hours specified in the order, not exceeding the operational period.
	This Act makes amendments to section 177(2) of the Sentencing Code to increase the maximum length of a custodial sentence that can be suspended from 2 years to 3 years. For custodial sentences of between 2 to 3 years, the Act amends section 288(2) to enable courts to set an operational period of up to 3 years. This Act does not amend the existing maximum of 2 years for the supervision period.
	This measure applies to all offenders aged 18 and over, across all offences. However, this policy does not apply to Extended Determinate Sentences and Sentences for Offenders of Particular Concern.
Legal background Part 1: Sentencing Suspended sentences Custodial sentences that may be suspended