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Sentencing
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Sentencing and the Council
About the Sentencing Council
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How the Council works
Sentencing Council members
Our criteria for developing or revising guidelines
Council meetings
Corporate reports
Strategic objectives 2021-2026
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Achieving our strategic objectives
History
Activity to date
Criminal justice – where does the Council fit?
Office of the Sentencing Council
About sentencing guidelines
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About published guidelines
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Allocation and offences taken into consideration
Animal cruelty
Arson and criminal damage
Assault
Bladed articles and offensive weapons
Breach offences
Burglary offences
Child cruelty
Children and young people
Dangerous dog offences
Domestic abuse
Drug offences
Environmental offences
Firearms offences
Fraud, bribery and money laundering offences
General guideline and expanded explanations in sentencing guidelines
Guilty pleas
Health and safety offences, corporate manslaughter and food safety and hygiene offences
Imposition of community and custodial sentences
Intimidatory offences
Magistrates’ Court Sentencing Guidelines
Manslaughter
Miscellaneous amendments to sentencing guidelines
Modern slavery
Motoring offences
Offenders with mental disorders, developmental disorders or neurological impairments
Public order offences
Robbery
Sale of knives etc to persons under 18
Sexual offences
Terrorism offences
Theft offences
Totality
Unauthorised use of a trade mark
How sentencing works
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Sentencing children and young people
Types of sentence
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Discharges
Fines
Community sentences
Custodial sentences
Suspended sentences
Determinate prison sentences
Extended sentences
Life sentences
Disposals for offenders with mental disorders, developmental disorders or neurological impairments
Ancillary orders
Other orders made on sentencing
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Criminal Courts Charge
What is the surcharge?
Types of sentences for children and young people
Who does what in sentencing?
Sentencing Code
Sentencing myths
Consultations
SentencingACE
Contact us
Going to court
Which court will a case be heard in?
What can happen at trial
Sentencing hearings
Information for victims and witnesses
Information for defendants
News and articles
Research and resources
Sentencing Council research and analysis
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Statistical bulletins
Resource assessments
Research reports
Guideline monitoring and evaluations
Data collections
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Crown Court Sentencing Survey
Offence specific data collections
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Theft from a shop or stall
Drug offences
Robbery
Criminal justice statistics
Academic seminar
Public sector equality duty
Publications
Definitive guidelines archive of print editions
Resources for teachers
Information for victims’ families
Glossary
Useful links
Sentencing Guidelines:
Magistrates
Crown Court
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Magistrates' court menu
Magistrates home
Search offences
Explanatory materials
Explanatory materials
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Aggravating and mitigating factors
Ancillary Orders
Explanatory materials
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1. Introduction to ancillary orders
2. Anti-social behaviour orders
3. Binding over orders
4. Confiscation orders
5. Criminal behaviour orders
6. Deprivation of ownership of animal
7. Deprivation orders
8. Destruction orders and contingent destruction orders for dogs
9. Disqualification from driving – general power
10. Disqualification from ownership of animals
11. Disqualification of company directors
12. Drinking banning orders
13. Exclusion orders
14. Football banning orders
15. Forfeiture and destruction of drugs
16. Forfeiture and destruction of goods bearing unauthorised trade mark
17. Forfeiture and destruction of weapons orders
18. Forfeiture or suspension of liquor licence
19. Parenting orders
20. Restitution orders
21. Restraining orders
22. Sexual harm prevention orders
23. Sexual offences prevention orders
24. Automatic orders on conviction for sexual offences
Additional note: Availability of ancillary orders
Community Orders
Explanatory materials
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1. Imposition of community orders
2. Breach of community order
Custodial Sentences
Explanatory materials
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1. Imposition of custodial sentences
2. Breach of a suspended sentence order
Deferred Sentences
Fines and Financial Orders
Explanatory materials
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Approach to the assessment of fines
Explanatory materials
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1. Approach to the assessment of fines - introduction
2. Fine bands
3. Definition of relevant weekly income
4. Assessment of financial circumstances
5. Approach to offenders on low income
6. Offence committed for ‘commercial’ purposes
7. Offence committed by an organisation
8. Reduction for a guilty plea
9. Maximum fines
10. Multiple offences
11. Imposition of fines with custodial sentences
12. Payment
13. Collection orders
Compensation
Explanatory materials
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1. Introduction to compensation
2. Suggested starting points for physical and mental injuries
Prosecution costs
Surcharge
Criminal courts charge
Hate Crime
Explanatory materials
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1. Racial or religious aggravation – statutory provisions
2. Aggravation related to disability, sexual orientation or transgender identity – statutory provisions
3. Approach to sentencing
Offences in a Domestic Context
Out of Court Disposals
Explanatory materials
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1. Introduction to out of court disposals
2. Cannabis or khat warning
3. Simple caution
4. Conditional caution
5. Penalty notices – fixed penalty notices and penalty notices for disorder
6. Community resolution
7. Offences for which penalty notices are available
Road traffic offences - disqualification
Explanatory materials
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1. Obligatory disqualification
2. Special reasons
3. ‘Totting up’ disqualification
4. Discretionary disqualification
5. Disqualification until a test is passed
6. Reduced period of disqualification for completion of rehabilitation course
7. Disqualification in the offender’s absence
8. New drivers
9. Extension period of disqualification from driving where a custodial sentence is also imposed
Using the MCSG
Explanatory materials
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Using Sentencing Council guidelines
Following these guidelines
Using pre-Sentencing Council guidelines
Victims
Explanatory materials
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1. Victim personal statements
2. Prevalence and community impact statements
Overarching guidelines
Overarching guidelines
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Allocation
General guideline: overarching principles
Imposition of community and custodial sentences
Offences taken into consideration
Overarching principles: domestic abuse
Reduction in sentence for a guilty plea - first hearing on or after 1 June 2017
Sentencing Children and Young People
Sentencing offenders with mental disorders, developmental disorders, or neurological impairments
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Calculators
Calculators
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Fine calculator
Drink-driving calculator
Using the calculators
Pronouncements
Pronouncement
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Pronouncement builder
How to use the pronouncement builder
Latest updates
Useful information and links
Useful information and links
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Bench Book – Adult Court
Bench Book – Youth Court
Equal Treatment Bench Book
Crown Court guidelines
CPS guidance
iPad version on the App Store
Maps of courts
Data Collection
Home
Explanatory Materials
Custodial Sentences
Show all parts of this guide
Using the MCSG
Following these guidelines
Using pre-Sentencing Council guidelines
Using Sentencing Council guidelines
Aggravating and mitigating factors
Ancillary Orders
1. Introduction to ancillary orders
2. Anti-social behaviour orders
3. Binding over orders
4. Confiscation orders
5. Criminal behaviour orders
6. Deprivation of ownership of animal
7. Deprivation orders
8. Destruction orders and contingent destruction orders for dogs
9. Disqualification from driving – general power
10. Disqualification from ownership of animals
11. Disqualification of company directors
12. Drinking banning orders
13. Exclusion orders
14. Football banning orders
15. Forfeiture and destruction of drugs
16. Forfeiture and destruction of goods bearing unauthorised trade mark
17. Forfeiture and destruction of weapons orders
18. Forfeiture or suspension of liquor licence
19. Parenting orders
20. Restitution orders
21. Restraining orders
22. Sexual harm prevention orders
23. Sexual offences prevention orders
24. Automatic orders on conviction for sexual offences
Additional note: Availability of ancillary orders
Community Orders
1. Imposition of community orders
2. Breach of community order
Custodial Sentences
1. Imposition of custodial sentences
2. Breach of a suspended sentence order
Deferred Sentences
Fines and Financial Orders
Approach to the assessment of fines
1. Approach to the assessment of fines – introduction
2. Fine bands
3. Definition of relevant weekly income
4. Assessment of financial circumstances
5. Approach to offenders on low income
6. Offence committed for ‘commercial’ purposes
7. Offence committed by an organisation
8. Reduction for a guilty plea
9. Maximum fines
10. Multiple offences
11. Imposition of fines with custodial sentences
12. Payment
13. Collection orders
Compensation
1. Introduction to compensation
2. Suggested starting points for physical and mental injuries
Prosecution costs
Surcharge
Criminal courts charge
Hate Crime
1. Racial or religious aggravation – statutory provisions
2. Aggravation related to disability, sexual orientation or transgender identity – statutory provisions
3. Approach to sentencing
Out of Court Disposals
1. Introduction to out of court disposals
2. Cannabis or khat warning
3. Simple caution
4. Conditional caution
5. Penalty notices – fixed penalty notices and penalty notices for disorder
6. Community resolution
7. Offences for which penalty notices are available
Offences in a Domestic Context
Road traffic offences – disqualification
1. Obligatory disqualification
2. Special reasons
3. ‘Totting up’ disqualification
4. Discretionary disqualification
5. Disqualification until a test is passed
6. Reduced period of disqualification for completion of rehabilitation course
7. Disqualification in the offender’s absence
8. New drivers
9. Extension period of disqualification from driving where a custodial sentence is also imposed
Victims
1. Victim personal statements
2. Prevalence and community impact statements
Custodial Sentences