Custodial sentence

The Criminal Justice Act 2003 (England and Wales) states that '(2)The court must not pass a custodial sentence unless it is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was so serious that neither a fine alone nor a community sentence can be justified for the offence'. Some serious offences incur minimum custodial sentences, unless there are exceptional circumstances. Custodial sentences may also be used where there is a perceived threat to public safety.

Community sentences are non-custodial and include fines, various mandatory but 'open' therapy and courses, restriction orders and loss or suspension of civil rights.