This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Confused by how prison sentences are structured? Understand the rules for concurrent and consecutive sentencing, the "totality principle," and how courts handle multiple offences.
When a defendant in England and Wales is convicted of more than one offence, the court must decide how the sentences for those offences should be served. Sentences can run concurrently (at the same time) or consecutively (one after another), and the choice affects the total time an offender spends under a sentence, particularly in custody. The principle of totality underpins these decisions, ensuring the overall sentence is just and proportionate to the criminality involved.
This guide sets out the rules and practical approach courts use when imposing concurrent and consecutive sentences, how the law applies to multiple offences, and what defendants and legal practitioners should understand about this key aspect of sentencing.
What Are Concurrent and Consecutive Sentences?
A concurrent sentence means the offender serves multiple sentences at the same time. For example, if one offence attracts six months' custody and another attracts three months, and the court orders the sentences to run concurrently, the offender will serve six months in total.
A consecutive sentence means the offender serves one sentence after another. In the same example, the total time in custody would be nine months.
The choice between concurrent and consecutive sentences is not automatic and requires careful judicial consideration of all the offences and circumstances.
The Legal Framework: Totality and Just Proportionate Sentencing
The starting point for courts is the principle of totality, which requires that a total sentence reflects all offending behaviour and is just and proportionate. This applies whether sentences are concurrent or consecutive.
The Sentencing Act 2020 and related guidelines require the court to follow relevant sentencing guidelines issued by the Sentencing Council unless it is in the interests of justice not to.
Under the Crown Court Compendium, if sentences are not expressly ordered to run consecutively, they run concurrently by default.
Step‑by‑Step Approach to Structuring Multiple Sentences
1. Sentence Each Offence Individually
The court first determines the appropriate sentence for each offence based on the relevant sentencing guidelines. This creates a set of “notional” sentences representing what would be imposed for each offence if it stood alone.
2. Decide Whether Sentences Should Run Concurrently or Consecutively
The court then considers whether to order sentences concurrent or consecutive. The decision depends on the facts, criminal behaviour and legal context.
When Concurrent Sentences Are Appropriate
Concurrent sentences are typically appropriate where:
- offences arise out of the same incident or facts;
- offences are of the same or similar kind, particularly if committed against the same victim;
- it is unjust for each individual offence to carry a wholly separate sentence.
For example, multiple driving offences arising from a single incident may be sentenced concurrently to reflect the single criminal episode.
The court must still ensure the overall sentence reflects the full extent of criminality, which might involve increasing the notional sentence for the most serious offence.
When Consecutive Sentences Are Appropriate
Consecutive sentences are more likely where:
- offences arise out of different incidents or times;
- offences are distinct and require separate recognition (for example, assault on a police officer to evade arrest while committing another offence);
- one offence carries a statutory minimum sentence that would be undermined by concurrent sentencing;
- the overall criminality is such that concurrent sentences would inaccurately reflect the harm or culpability.
In these cases, the court adds sentences together but must guard against a total that is disproportionate by adjusting individual terms where necessary.
3. Adjust Sentences For Totality
Whether concurrent or consecutive, the court must ensure the total sentence is proportionate. If the sum of consecutive sentences is excessive, the court may reduce individual terms or order some offences to be treated as “no separate penalty”.
- For concurrent sentences, the court may increase the notional sentence for the lead offence to reflect the presence of other offences.
- For consecutive sentences, the court may reduce individual terms so that the aggregate is just and proportionate.
Special Rules and Constraints
Default to Concurrent if No Express Order
If the court does not explicitly state whether sentences are concurrent or consecutive, they are treated as running concurrently.
Restrictions on Consecutive Sentencing
Under the Sentencing Act 2020, a sentence cannot be ordered to run consecutively to a sentence from which the defendant has already been released, even if they were later recalled to custody on that earlier sentence.
Extended and Multiple Offences
For extended determinate sentences (e.g., for violent or sexual offences with additional licence periods), consecutive structuring can be complex and must respect statutory limits on licence length, ensuring the total sentence remains proportional.
Practical Examples
- Same incident offences: A defendant convicted of aggravated vehicle taking and dangerous driving arising from the same event may receive concurrent prison terms, with the lead sentence reflecting overall offending.
- Separate incidents: A theft in June and another in July might attract consecutive sentences because they involve different acts and victims.
Common Questions
Does consecutive sentencing always increase time in custody?
Yes, because sentences run one after another. However, totality adjustments may reduce individual terms if necessary to maintain proportionality.
Can a court mix concurrent and consecutive sentences?
Yes. The court may order some counts concurrent and others consecutive to reflect different parts of the offending.
What is “no separate penalty”?
Courts may decide that very minor offences should not attract a separate sentence when other, more serious offences cover the overall criminality.
Key Takeaways
In England and Wales, concurrent and consecutive sentences are tools courts use to structure the total punishment for multiple offences. The choice between them is governed by the principle of totality, ensuring overall sentences are just and proportionate to harm and culpability. Factors such as whether offences arise from the same incident, the need for separate recognition of distinct criminal acts, and statutory constraints influence whether sentences run together or one after another. Courts must always explain their approach and ensure that sentencing reflects the full picture of offending behaviour.
