# Sentencing Act 2020, Section 277: Suspended sentence order for person aged 21 or over: availability


(1) This section applies where, in dealing with an offender for an offence, a court passes a sentence of imprisonment.
(2) A suspended sentence order (see section 286) is available in relation to that sentence if the term of the sentence of imprisonment is—
(a) at least 14 days, but
(b) not more than the maximum term.
(2A) But a suspended sentence order is not available in relation to that sentence if—
(a) in a case where the offender is convicted of the offence before the day on which section 2 of the Sentencing Act 2026 comes into force, subsection (3) applies, or
(b) in a case where the offender is convicted of the offence on or after that day, subsection (3) or (3A) applies.
(3) This subsection applies if—
(a) the sentence of imprisonment is one of two or more sentences imposed on the same occasion which are to be served consecutively, and
(b) the terms of those sentences are in aggregate more than the maximum term.
(3A) This subsection applies if—
(a) the court imposes a sentence under section 278 (adult offenders of particular concern aged 21 or over) or 279 (extended sentence for adults aged 21 or over) in respect of the offence, or
(b) the court imposes a sentence under either of those sections or under section 265 (adult offenders of particular concern aged under 21) or 266 (extended sentence for adults aged under 21) in respect of any other offence for which a sentence is imposed on the same occasion.
(3B) For the purposes of this section—
(a) if the offender is convicted of the offence before the day on which section 2 of the Sentencing Act 2026 comes into force, the maximum term is 2 years;
(b) if the offender is convicted of the offence on or after that day, the maximum term is 3 years.
(4) For provision about suspended sentences, see Chapter 5 .

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Source: https://www.legislation.gov.uk/ukpga/2020/17/section/277 (the official version)
Page: https://openlegislation.uk/sentencing-act-2020/section-277
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.