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If you have been charged with armed robbery, you may be wondering whether there is any possibility of receiving a suspended sentence rather than going straight to prison, what factors might influence the court’s decision, and what you can do to improve your situation. This article provides a comprehensive explanation of the offence of armed robbery, the sentencing framework applied by the courts, how suspended sentences operate, and practical guidance on the steps you can take to achieve the best possible outcome.
What is armed robbery?
Armed robbery is robbery committed whilst armed with a weapon or firearm. Robbery itself is defined by Section 8 of the Theft Act 1968 as stealing, and immediately before or at the time of doing so, and in order to do so, using force on any person or putting or seeking to put any person in fear of being then and there subjected to force. When a weapon or firearm is involved, the offence becomes significantly more serious.
The offence comprises several elements: there must be a theft (dishonest appropriation of property belonging to another with intention to permanently deprive); force must be used or threatened; and the force must be used immediately before or at the time of the theft and for the purpose of stealing. When a weapon is involved – whether a firearm, knife, blunt instrument, or any other offensive weapon – the offence is commonly referred to as armed robbery, though this is not a separate statutory offence but rather an aggravated form of robbery.
Examples of armed robbery include entering a shop or bank with a firearm and demanding cash from staff; approaching someone in the street with a knife and taking their belongings; using a weapon to threaten a delivery driver and stealing goods; or breaking into a home whilst armed and taking property by force or threat.
What are the usual sentences for armed robbery?
For robberies involving firearms (whether real, imitation, or unloaded), the sentencing ranges are high. Where the firearm was produced and used to threaten, the starting point for the most serious cases is 13 years’ custody. Even where a firearm was produced but not used to threaten, the starting point is 10 years.
For robberies involving bladed articles (knives) or other weapons, sentences are slightly lower but still severe. The most serious cases involving use of a weapon to threaten and serious injury attract starting points of 8 years. Less serious weapon robberies still typically involve immediate custody measured in years.
Even for the least serious street robberies without weapons, where the defendant played a lesser role and minimal force was used, the sentencing range begins at community orders but quickly escalates to custody. For any robbery involving a weapon, immediate custody is overwhelmingly likely, with sentences typically measured in years rather than months.
What is a suspended sentence and how does it work?
Suspended sentences are custodial sentences that the court imposes but then suspends, allowing you to serve it in the community rather than in prison, provided you comply with specified conditions. The court determines both the length of the prison sentence (up to 2 years for a single offence) and the duration of the supervision period (between 6 months and 2 years).
During this period, you must comply with requirements set by the court, such as undertaking unpaid work, attending rehabilitation programmes, observing a curfew with electronic monitoring, residing at a specified address, or participating in activities addressing offending behaviour. You must also commit no further offences.
If you complete the supervision period in full compliance with all requirements and without reoffending, the sentence expires and you serve no time in custody. However, you will serve the original prison term if you commit a new offence or breach a condition, and you will also serve another sentence for the breach or new offence.
Can armed robbery result in a suspended sentence?
The harsh reality is that suspended sentences for armed robbery are extraordinarily rare and only possible in the most exceptional circumstances. The sentencing guidelines make clear that robbery involving weapons is among the most serious categories of offending, and the guidelines themselves rarely include sentencing ranges that would permit suspension (sentences of 2 years or less).
For any case involving production or use of a firearm to threaten, suspended sentences are effectively impossible: the lowest sentencing ranges begin at 5 years’ custody. For robberies involving bladed articles or weapons used to threaten, the ranges similarly start well above the threshold for suspension. Even for the least serious armed robberies, the starting points typically exceed 2 years.
Suspended sentences might only be theoretically possible in cases at the very lowest end of seriousness: perhaps where a weapon was carried but never produced, shown, or used to threaten anyone; where the defendant played an extremely peripheral role; where the value stolen was minimal; where no victim was put in fear; and where there are profoundly exceptional personal circumstances. Even then, immediate custody of some duration would be the expected outcome.
What factors do courts consider when deciding on a suspended sentence for armed robbery?
In the exceptionally rare circumstances where a suspended sentence might be contemplated for robbery-related conduct, judges scrutinise several aspects of your case:
- The nature of the weapon is paramount: firearms are treated most seriously, followed by bladed articles, then other weapons. Whether the weapon was produced and used to threaten are critical factors.
- The circumstances matter enormously. Robberies targeting commercial premises, dwelling houses, or professional targets are treated more seriously than street robberies. The level of planning increases seriousness, as does targeting vulnerable victims.
- Your role and culpability are crucial. Were you the leader, or a reluctant participant acting under pressure? Lesser roles attract less severe sentences, though even peripheral participants usually face custody.
- The impact on victims is highly relevant. Robbery is inherently traumatic. Any injury, lasting psychological trauma, or particularly vulnerable victims are aggravating factors.
- Personal mitigation must be exceptional to influence sentencing significantly. Evidence of duress, coercion, severe mental health difficulties, or profound caring responsibilities might provide some mitigation. Previous good character carries less weight given the seriousness, though it remains relevant.
- Aggravating factors include previous convictions, commission while on bail, deliberate targeting of vulnerable victims, high levels of planning, and excessive violence.
How serious does the offence have to be for a prison sentence for armed robbery?
Armed robbery virtually always crosses the custody threshold, and not just into custody but into substantial custody. The sentencing guidelines make clear that even the least serious robberies involving weapons attract sentences beginning at community orders only in the most exceptional cases, with most starting well into custody.
Any robbery involving a firearm that is produced or used to threaten will result in immediate custody measured in years (typically a starting point of 10-13 years depending on circumstances). Robberies involving knives or other weapons used to threaten similarly attract starting points of 5-8 years. Even where weapons are carried but not produced, if the robbery involves any significant planning, fear caused to victims, or previous convictions, immediate custody is inevitable.
The only circumstances where custody might potentially be avoided or suspended would involve the absolute lowest end of culpability: a very peripheral role in a minimally planned offence, where a weapon was carried but never produced or used, minimal property was taken, victims were not put in fear, and there are profoundly exceptional personal circumstances. These cases are exceedingly rare.
What can I do to improve my chances of getting a suspended sentence for armed robbery?
If the evidence establishes your participation, realistic advice about likely outcomes is crucial. In most armed robbery cases, the focus will be on minimising the sentence within the inevitable custody range rather than avoiding custody altogether. However, presenting mitigation effectively can still significantly affect the length of sentence.
If you played a lesser role (perhaps as a lookout or driver who was unaware weapons were involved) gather evidence supporting this. If you acted under duress, threat, or pressure from others, obtain evidence: witness statements, messages, expert evidence about exploitation or coercion. If you have mental health difficulties that affect your judgment, obtain comprehensive psychiatric reports.
Demonstrate genuine remorse through early admissions, cooperation with police, and acceptance of responsibility. If you can make amends or return stolen property, do so. Provide evidence of personal circumstances: medical evidence for serious health conditions, evidence of sole caring responsibilities, character references demonstrating previous good character and positive contributions.
If there are exceptional circumstances, such as evidence that you were yourself a victim of exploitation or trafficking, coerced into participation, or that custody would cause exceptional and disproportionate harm to others, these must be fully evidenced and forcefully presented.
Where to get more help
Armed robbery allegations are among the most serious charges in criminal law and require immediate specialist representation. The team at Stuart Miller Solicitors includes advocates with proven track records in complex Crown Court trials and sentencing hearings. We understand the gravity of your situation, the fear and stress you are experiencing, and the profound impact on your life and family. Get in touch immediately for a free consultation about your next steps.
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