Sentencing Day: What Happens From the Courtroom to Your First Night in Prison
By Daniel Hockey · Checked against GOV.UK and legislation · Last updated 8 October 2026 · 10 min read
The short answer: On sentencing day, the prosecution outlines the facts, your lawyer presents mitigation, and the judge or magistrates explain the sentence and their reasons. For anyone convicted since 22 March 2026, a prison sentence of 12 months or less must be suspended unless an exception applies, and sentences of up to 3 years can be suspended. If you are given immediate custody, you go down to the court cells, travel to prison in an escort van, and go through reception, a health check and a first-night interview. Bring a small bag of essentials in case.
Need support?
- Prisoners' Families Helpline 0808 808 2003 (free)
- Samaritans 116 123 (24 hours)
- Find a solicitor: ask for the duty solicitor at the police station or search the Law Society's Find a Solicitor service.
| Key fact | Detail |
|---|---|
| Who decides | A judge (Crown Court) or magistrates or a district judge |
| Pre-sentence report | Usually needed before a community or custodial sentence |
| Short sentences | 12 months or less must usually be suspended (conviction on or after 22 March 2026) |
| Longest suspendable sentence | 3 years |
| Magistrates' maximum | 12 months for a single either-way offence |
| Guilty plea credit | Up to one third at the first stage |
| Appeal time limit | 28 days (Crown Court); usually 15 working days (magistrates' court) |
When sentencing day happens
Sentencing can take place straight after a guilty plea or verdict, or the court can adjourn it to a later date. An adjournment is common when the court wants a pre-sentence report, a psychiatric report or more information.
If you are on bail before sentence, you should assume it could be your last day at home for a while, even if your lawyer is hopeful. If you are on remand, you will be brought to court from prison or appear by video link.
Before the hearing: the pre-sentence report
A pre-sentence report (PSR) is written by the Probation Service. It looks at the offence, your background and what sentence might work.
When a PSR is needed
The Sentencing Council's Imposition guideline, in force since 1 September 2025, says the court must get and consider a PSR before deciding on a community or custodial sentence, unless it thinks one is unnecessary. It says PSRs are necessary in all cases that would benefit from an assessment of:
- your risk of harm and dangerousness
- the nature and causes of your offending
- your personal circumstances
- what might make a particular sentence or requirement suitable
The court must make clear that ordering a report does not rule out any sentence, including prison.
Preparing for the probation interview
- Be honest and consistent with what you have told your solicitor.
- Bring evidence of work, caring duties, health conditions, treatment or courses.
- Explain your circumstances, such as dependent children or pregnancy, which the guideline says the court should hear about.
- Ask what sentence options probation is considering, such as unpaid work or a curfew.
Character references and mitigation
Your lawyer will use mitigation to explain why the sentence should be lower. Character references from employers, teachers, faith leaders or community groups can help. They should be signed, dated and acknowledge that the writer knows about the offence.
What happens in the courtroom
The Sentencing Council describes a typical hearing in this order.
| Stage | What happens |
|---|---|
| 1. Confirmation | The court confirms the offence, any guilty plea and when it was entered, or the verdict |
| 2. Prosecution facts | The prosecutor outlines what happened, what makes it more or less serious, the impact on any victim and your previous convictions |
| 3. Mitigation | Your lawyer explains the circumstances and your background |
| 4. Guidelines | Both sides may refer to the sentencing guideline and the category they say applies |
| 5. Sentence | The court passes sentence and must explain its reasons |
How the court decides between custody and the community
The Imposition guideline asks three questions in order once the custody threshold is passed:
- Is a custodial sentence unavoidable?
- What is the shortest term that matches the seriousness of the offence?
- Can the sentence be suspended?
Credit for pleading guilty
A guilty plea at the first stage usually reduces the sentence by one third. After that the maximum is one quarter, falling to one tenth on the first day of trial. Our guide to guilty plea reduction explains the stages.
Magistrates' sentencing powers
Magistrates can impose up to 12 months for a single either-way offence. If they think their powers are not enough, they can send the case to the Crown Court for sentence. Our guide on what to expect at the magistrates' court covers that court.
The 2026 presumption to suspend short sentences
Section 1 of the Sentencing Act 2026 changed sentencing day for many people. For anyone convicted on or after 22 March 2026, if the court decides the right term is 12 months or less, it must suspend it unless an exception applies.
The presumption does not apply if:
- you are already in custody, serving a sentence or on remand for something else
- you are being resentenced for breaching a community order or suspended sentence order
- you committed the offence while on such an order
- the offence breached a court order, or was closely connected to a breach
- the court finds a significant risk of physical or psychological harm to a particular person
- the total sentence imposed on that occasion is more than 12 months
Even when none of these applies, the court can still impose immediate custody if it finds exceptional circumstances.
Longer sentences that can be suspended
Since 22 March 2026 the court can suspend a sentence of up to 3 years, up from 2 years. Between 12 months and 3 years there is no presumption. The court weighs factors in the Imposition guideline.
| Points towards suspending | Points against suspending |
|---|---|
| A realistic prospect of rehabilitation in the community | You present a risk to any person |
| Low risk of reoffending or harm | Only immediate custody is enough punishment |
| Strong personal mitigation | A history of poor compliance with court orders and unlikely to comply now |
| Immediate custody would seriously harm others, such as dependent children, or you are pregnant or postnatal |
Our guide to suspended sentences explains the requirements the court can attach.
What to bring on sentencing day
If immediate custody is possible, bring a small clear bag that you can take with you. Prisons have their own rules, so pack lightly.
- Photo ID and your court paperwork
- A list of important phone numbers written on paper
- Enough cash for the prison account, if your prison allows it
- Any prescribed medication in its original packaging, with a letter from your GP
- A change of plain clothes and underwear
- Glasses or contact lenses
Our checklist on what to pack for sentencing day and our guide to what to wear to court go into more detail.
If you are sent to prison: going down
If the judge passes immediate custody, a dock officer takes you down to the court cells. You may get a short time with your lawyer there to talk about the sentence and any appeal. You will not usually be able to say a proper goodbye to family in the courtroom, so it helps to have said what you need to beforehand.
From the cells, you travel to prison in a secure escort van.
Your first night in prison
The Prison Service's Early Days in Custody instruction sets out what must happen on arrival.
| What happens | The rule |
|---|---|
| Reception interview | Staff interview you, in private if possible, to find urgent needs and risks |
| Search and property | Property is searched, then returned or stored and recorded |
| Health check | A medical examination before your first night lock-up |
| Cell sharing risk assessment | Completed before you are placed in a shared cell |
| Phone call | Access to a phone to contact a legal adviser or deal with urgent family matters |
| Shower and food | A shower before lock-up and a hot meal and drink, even if you arrive late |
| Induction | Introduction to custody completed within 5 days |
| First visit | Newly convicted prisoners are entitled to a social visit within 72 hours of conviction |
Tell reception staff if you are worried about your mental health, have children who need arrangements, or need medication. Our guides to your first day in prison and reception and induction explain the first few days.
Working out your release date
Within 5 working days you should get a release date slip. For most adult standard sentences imposed from 1 October 2026, release is automatic at one third. Our guide on how long you will actually serve explains the new rules.
Appealing the sentence
- From the magistrates' court: you usually need to appeal to the Crown Court within 15 working days of sentence.
- From the Crown Court: you must apply for permission to appeal to the Court of Appeal within 28 days of sentence, using form NG. A prison officer can send it for you.
Speak to your solicitor or barrister in the cells about whether an appeal is realistic.
For families on sentencing day
Sit in the public gallery if you wish, but be ready for the possibility that your relative is taken down without a chance to speak. Keep their phone and valuables if they ask, and note their full name and date of birth for finding them later. They should be able to phone you once in prison. Most prisons take a few days to set up phone accounts and visits.
Frequently asked questions
What happens on sentencing day?
The court confirms the conviction, the prosecutor outlines the facts and any previous convictions, your lawyer gives mitigation, and the judge or magistrates pass sentence with reasons. If you get immediate custody, you go to the court cells and then to prison the same day.
Will I go straight to prison from court?
Only if the court imposes immediate custody. Since 22 March 2026, sentences of 12 months or less must usually be suspended unless an exception applies, such as offending on a court order or a significant risk to a particular person.
What is a pre-sentence report?
It is a report by the Probation Service on your offence, background, risk and suitable sentences. The court must usually consider one before a community or custodial sentence, and ordering one can mean sentencing is adjourned to a later date.
Should I bring a bag to sentencing?
Yes, if custody is a realistic possibility. Bring a small bag with ID, a list of phone numbers, prescribed medication in original packaging and a change of plain clothes.
Can I say goodbye to my family after sentencing?
Usually not properly. Once immediate custody is imposed, a dock officer takes you down to the cells. Say what you need to before the hearing and arrange for your family to keep your valuables.
What happens on the first night in prison?
You go through reception, a search, a health check and a cell sharing risk assessment. You should get a phone call, a shower, a hot meal and information about how to get help during the night.
How long do I have to appeal my sentence?
Usually 15 working days to appeal a magistrates' court sentence to the Crown Court, and 28 days to apply for permission to appeal a Crown Court sentence to the Court of Appeal.
Sources and how we checked this page
This page was written by Daniel Hockey and checked on 8 October 2026 against:
- Sentencing Council: Sentencing hearings
- Sentencing Council: Imposition of community and custodial sentences
- Sentencing Council: Reduction in sentence for a guilty plea
- Sentencing Act 2026, section 1 (legislation.gov.uk)
- Sentencing Act 2026, section 2 (legislation.gov.uk)
- The Sentencing Act 2020 (Magistrates' Court Sentencing Powers) (Amendment) Regulations 2024, SI 2024/1067
- HMPPS: Early Days in Custody (PSI 07/2015)
- HMPPS Sentence Calculation Policy Framework
- GOV.UK: Appeal a Crown Court decision
- GOV.UK: When to appeal a magistrates' court decision to the Crown Court
- Sentencing Act 2026, section 23 (legislation.gov.uk)
This page is general information about the law in England and Wales, not legal advice. Every case depends on its facts. Speak to a qualified solicitor about your situation.