For the most serious offences the court may impose a prison, or 'custodial', sentence. The length of sentence imposed by the court will be limited by the maximum penalty for that crime.

A custodial sentence can only be imposed if: 

• the offence is so serious that neither a fine alone nor a community sentence can be justified for the offence; or

• the offender refuses to comply with the requirements of a community order; or

• the offender is convicted of a specified sexual or violent offence (see Dangerous Offender provisions under Criminal Justice Act 2003) and the court finds that the offender poses a risk of harm to the public.

The sentence imposed by the court represents the maximum amount of time that the offender will remain in custody.

Different release arrangements apply depending upon the sentence an offender receives and when the offence was committed.

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