-
Top 1% of Defence Law Firms
-
Defended over 50,000 Cases
-
5 star google reviews
-
40 Years of Criminal Law Expertise
If you are facing an allegation of conspiracy to commit robbery, you are likely feeling anxious, overwhelmed, and uncertain about what the future holds. Robbery is a serious offence on its own, and a conspiracy charge adds an additional complication. You may be wondering whether the case will lead to imprisonment, whether there is any prospect of a suspended sentence, and what steps you can take to improve your position. This article sets out a clear explanation of the offence, how sentencing works, when suspended sentences may be available, and how to give yourself the best chance of securing the most favourable outcome.
What is conspiracy to commit robbery?
Robbery is defined under Section 8 of the Theft Act 1968 as the use or threat of force immediately before or at the time of stealing, and in order to steal. Conspiracy to commit robbery is an offence under the Criminal Law Act 1977. It is committed when two or more people agree to commit a robbery, intending that the robbery will be carried out, even if it never actually happens.
To secure a conviction for conspiracy, the prosecution must prove beyond reasonable doubt that an agreement existed, that the participants intended to commit a robbery, and that the agreement was more than mere discussion or fantasy. The robbery itself does not have to take place; the criminality lies in the shared plan and intention.
Conspiracy to commit robbery can arise in a range of contexts. Examples include:
- planning to rob a shop, bank, delivery driver, or individual
- agreeing to steal property using threats or violence
- coordinating roles such as getaway driver, lookout, or principal offender
- discussing plans to use weapons, disguises, or force
Even where the robbery is abandoned, or prevented by police intervention, the conspiracy may still be prosecuted.
What are the usual sentences for conspiracy to commit robbery?
Robbery is treated seriously by the courts because of the inherent use or threat of violence. When robbery is combined with conspiracy, courts tend to take the view that the planned or organised nature of the offending increases culpability.
Sentencing depends on several factors, including the level of planning, the role of each participant, the type of target, whether weapons were to be used, and the harm intended or likely.
Where a conspiracy involves extensive planning, weapons, targeted victims, or the involvement of multiple offenders, sentences often fall in the range of eight to 15 years for principal participants. Where the conspiracy concerned a commercial premises or a dwelling, sentences are typically at the upper end due to the greater harm and fear involved.
At the middle level, where the plan involved moderate organisation but no serious weapons, and where the harm was limited or hypothetical, sentences may fall in the range of three to eight years.
At the lower end, where the planning was limited, no weapons were anticipated, no robbery took place, and the defendant played a lesser role, sentences may be two years or below, which brings the possibility of a suspended sentence into play.
However, sentencing for conspiracy often mirrors the seriousness of the planned robbery. If the intended robbery would have attracted a significant custodial term, the conspiracy to commit it will generally be treated similarly.
What is a suspended sentence and how does it work?
A suspended sentence is a custodial sentence that is imposed but not activated immediately. Instead, the court suspends the sentence for a period of between six months and two years. During that suspension period, the defendant must comply with conditions such as:
- unpaid work requirements
- rehabilitation activity requirements
- curfews or electronic monitoring
- exclusion zones
- residency requirements
- engagement with probation-led interventions
The defendant must also refrain from committing any new offences. If the individual complies with all conditions and does not reoffend, the custodial term never comes into effect. However, if a breach or further offending occurs, the court will almost always activate the sentence, meaning the defendant will serve all or part of the custodial term, plus any penalty for the breach.
Suspended sentences can only be imposed where the custodial term is two years or less. Any sentence above two years must be served immediately.
Can conspiracy to commit robbery result in a suspended sentence?
A suspended sentence is not impossible in conspiracy to commit robbery cases, but it is uncommon and reserved for the very lowest end of seriousness. Courts emphasise that robbery is an inherently violent offence and that conspiracies to commit robbery often involve planning, team roles, and consideration of weapons – all factors that point strongly towards immediate custody.
However, there are circumstances where a suspended sentence may be considered:
- Minimal planning, where the agreement was spontaneous or short-lived
- No intent to use weapons and no realistic threat of violence
- No robbery actually took place and the conspiracy was abandoned early
- Peripheral involvement, such as a minor participant lacking full understanding of the plan
- Strong personal mitigation, including previous good character, significant caring responsibilities, youth, mental health issues, or vulnerability to influence
- Genuine remorse and early guilty plea, which can substantially reduce the sentence
That said, if the conspiracy involved any of the following, suspension becomes highly unlikely:
- weapons or planned use of violence
- targeting vulnerable victims
- planned attacks on homes or commercial premises
- involvement in organised criminal groups
- prior convictions, particularly for violence or dishonesty
Because conspiracy inherently involves planning, many cases fall outside the potential for suspension, but each case is assessed individually.
What factors do courts consider when deciding on a suspended sentence for conspiracy to commit robbery?
When determining whether a suspended sentence is appropriate, the court considers a detailed set of factors relating to both the offending and the offender.
- Level of planning. A highly planned conspiracy suggests higher culpability and therefore reduces the likelihood of suspension. An impulsive or loosely discussed plan may be viewed more leniently.
- Weapons and threat of violence. Even the intention to use weapons, without them being present, is a strong aggravating factor. Courts rarely suspend sentences where weapons feature in the plan.
- Role in the conspiracy. Those acting as leaders or organisers face harsher punishment. Defendants who played lesser roles, acted under pressure, or had limited knowledge may be treated more leniently.
- Harm caused or intended. If the conspiracy involved a plan to cause significant fear, injury, or high-value loss, the sentence will be more severe.
- Age, maturity, and vulnerability. Young or vulnerable defendants often receive more consideration, particularly if they were influenced by older, more experienced individuals.
- Previous convictions. A clean criminal record, especially combined with positive character references, can support suspension. Conversely, previous violence or dishonesty makes suspension unlikely.
- Prospects of rehabilitation. If the court is satisfied that the defendant poses a low risk of reoffending and is willing to comply with any requirements, suspension becomes more plausible.
How serious does the offence have to be for a prison sentence for conspiracy to commit robbery?
Conspiracy to commit robbery almost always crosses the custody threshold. Even at low levels, courts are mindful that robbery involves the use or threat of force and that conspiring to commit it can be just as serious as the completed offence.
Prison is highly likely where:
- the planned robbery involved weapons
- the target was a dwelling, business, or vulnerable individual
- substantial planning or organisation was involved
- the defendant had a leading role
- the intention was to obtain high-value items
- the defendant has prior convictions for similar offending
At the lower end, a very limited, unplanned conspiracy with no weapons, no real prospect of the robbery being carried out, and a minor role for the defendant might result in a sentence of two years or below, opening the door to suspension. These cases, however, are uncommon. Most conspiracies to commit robbery involve enough planning or threat of harm to justify immediate custody.
What can I do to improve my chances of getting a suspended sentence for conspiracy to commit robbery?
If you want to maximise your prospects of receiving a suspended sentence, proactive preparation is essential.
- Obtain specialist legal representation immediately. Experienced defence solicitors can identify weaknesses in the prosecution’s case, negotiate lesser charges where appropriate, and present compelling mitigation.
- Provide evidence of your limited role. If you were not a principal participant or were influenced by others, gather messages, witness statements, or contextual evidence that clarifies your role.
- Demonstrate remorse and insight. Courts look favourably on defendants who accept responsibility, express genuine remorse, and can articulate their understanding of the seriousness of the offence.
- Provide strong character references. References from employers, teachers, community leaders, or family members can help demonstrate that the offence was out of character.
- Address underlying issues. If mental health difficulties, substance misuse, or criminal peer groups contributed to your involvement, evidence of treatment or support work can be persuasive.
- Show positive steps towards rehabilitation. Engagement in education, employment, or community activities can demonstrate stability and reduce perceived risk.
Where to get more help
Facing allegations of conspiracy to commit robbery is frightening, especially given the seriousness with which the courts treat robbery-related offending. At Stuart Miller Solicitors, we understand the stress, uncertainty, and disruption such allegations cause. Our experienced team specialises in complex conspiracy cases and can provide expert, strategic advice tailored to your circumstances. Contact us today for a confidential discussion about your situation and the steps we can take to achieve the best possible outcome.
OUR COMMITMENTS TO YOU:
-
Responsive
A legal expert will consult you within 24 hours of making an enquiry.
-
Empathetic
We will always treat you with trust, understanding and respect.
-
Specialised
Your case will be handled by an expert who specialises in your type of offence.
-
Proactive
We will take early action to end proceedings as soon as it is practically and legally possible to do so.
-
Engaged
You will be kept updated on your case at all times. We will provide a named contact available to answer your questions.
-
Caring
We understand this is a difficult and stressful time for you and your family. Our team will support you every step of the way.
-
Tenacious
We will never give up on your case. We fight tirelessly to get you the best possible outcome.
Google Rating
Based on 413 reviews
×
