A suspended sentence occurs when a court issues a prison term but suspends it under certain circumstances. This indicates that if the conditions are met, you will not be sent to prison.
In South Africa, how does a suspended sentence work?
If a court believes that an offence is serious enough to warrant imprisonment but that there are compelling reasons to suspend the sentence, it may do so on the condition that the person enter into a bond [see Sentencing Act 2017 (SA) s 96]. A sentence may be suspended due to considerations relating to the offender (such as age, illness, or previous good reputation) that indicate the criminal should not be imprisoned immediately.
A court may not, however, suspend: a sentence of imprisonment that is to be served cumulatively on another term of imprisonment, or concurrently with another term of imprisonment that the defendant is serving, or is about to serve;
(Unless the sentences are less than one year but more than three months, in which case the person can be ordered to serve a minimum of one month and the remainder suspended) [see ss 96(3)(a) and 96(4)].
; or
more than four-fifths of the sentence if the person is sentenced as an adult to a period of imprisonment of two years or more for a prescribed designated offence (manslaughter or serious harm) [see sections 96(3)(b) and 96(4)].
Furthermore, unless there are special circumstances (in which case specific limitations apply), a court may not postpone the term if the offender is convicted as an adult for:
a major and organized crime offense or a specific crime against police; or
committing a major sexual offense; or
a defined offence, and a court suspended a sentence of imprisonment or period of detention imposed on the defendant for a designated offence within the five-year period preceding the date on which the relevant offence was committed.
If a sentence is suspended, the defendant is placed on a bond (promise) to be of good behavior, preventing the defendant from owning a firearm, any part of a firearm, or ammunition, and forcing the defendant to submit to reasonable gunshot residue testing.
A defendant may also be ordered to relinquish any firearms, firearm parts, or ammunition, as well as meet a number of other extra requirements, as detailed in Good behavior bonds. If the bail is not violated, the defendant is not required to serve his or her prison sentence. However, if the bond is violated (for example, if the defendant commits another crime while on bond), the offender may be required to complete the suspended term. If the court is convinced that the breach is minor or that there are legitimate grounds for excusing it, the court may withhold from revoking the suspension and prolong the bond, extend the time to complete any community service, or otherwise cancel or vary the bond’s restrictions.
If a person on probation under a suspended sentence bond complies with the bond, the punishment is also finished once the bond period expires (they cannot then be sent to gaol, as they have served their sentence by complying with the bond)
What happens if your sentence is suspended?
Suspended sentences are custodial sentences in which the offender is not required to go to prison if they commit no additional offenses and follow any terms imposed. They are only used when the prison sentence is less than two years. A suspended sentence serves as a punishment as well as a deterrent.
In South Africa, how long does a suspended sentence remain on your record?
Ten years have passed since the date of the conviction for that offense. During those ten years, you have not been convicted and sentenced to a period of jail without the option of a fine. The punishment was corporal punishment. The penalty was either postponed or you were cautioned and released.
