This Act increases the maximum term of custodial sentence which the courts can suspend from 2 to 3 years and delivers on the recommendation from the ISR to do so.
	For custodial sentences of between 2 to 3 years, the Act enables courts to set an operational period (which is the length of the suspension period) of up to 3 years. This Act does not amend the existing maximum of 2 years for the supervision period (the period during which the offender is supervised by probation).
	The aim of this approach is to incentivise more offenders to behave well and in compliance with their order, and any requirements imposed, to avoid serving their sentence in prison.
	The decision on whether to suspend a custodial sentence of up to 3 years continues to sit with the independent judiciary. Courts retain the ability to impose immediate custodial sentences where necessary to ensure the most dangerous offenders are imprisoned.
	Whilst it is important to give the courts greater flexibility to suspend sentences where appropriate, there are some sentences which it is not appropriate to suspend. This Act includes measures which prevent the courts from suspending Extended Determinate Sentences and Sentences for Offenders of Particular Concern in any circumstances as these sentences are aimed at the most serious and dangerous offenders. While case law and sentencing guidelines mean that it is highly unlikely that either of these sentences would be suspended, this Act ensures that will never be the case.
Policy background Part 1: Sentencing Suspended sentences Custodial sentences that may be suspended