Theft Act 1968, s.8(1)
Triable only on indictment
Maximum: Life imprisonment
Offence range: Community order – 12 years’ custody
This guideline applies to all offenders aged 18 and older who are sentenced on or after 1 April 2016, regardless of the date of the offence.
Street/less sophisticated commercial robbery refers to robberies committed in public places, including those committed in taxis or on public transport. It also refers to unsophisticated robberies within commercial premises or targeting commercial goods or money.
Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings.
Step 1 – Determining the offence category
The court should determine the offence category with reference only to the factors listed in the tables below. In order to determine the category the court should assess culpability and harm.
The court should weigh all the factors set out below in determining the offender’s culpability.
Where there are characteristics present which fall under different levels of culpability, the court should balance these characteristics to reach a fair assessment of the offender’s culpability.
Culpability demonstrated by one or more of the following
A – High culpability
- Use of a weapon to inflict violence
- Production of a bladed article or firearm or imitation firearm to threaten violence
- Use of very significant force in the commission of the offence
- Offence motivated by, or demonstrating hostility based on any of the following characteristics or presumed characteristics of the victim: religion, race, disability, sexual orientation or transgender identity
B – Medium culpability
- Production of a weapon other than a bladed article or firearm or imitation firearm to threaten violence
- Threat of violence by any weapon (but which is not produced)
- Other cases that fall between categories A or C because:
- Factors are present in A and C which balance each other out and/or
- The offender’s culpability falls between the factors as described in A and C
C – Lesser culpability
- Involved through coercion, intimidation or exploitation
- Threat or use of minimal force
- Mental disability or learning disability where linked to the commission of the offence
Harm
The court should consider the factors set out below to determine the level of harm that has been caused or was intended to be caused to the victim.
Category 1
- Serious physical and/or psychological harm caused to the victim
- Serious detrimental effect on the business
Category 2
- Other cases where characteristics for categories 1 or 3 are not present
Category 3
- No/minimal physical or psychological harm caused to the victim
- No/minimal detrimental effect on the business
Step 2 – Starting point and category range
Having determined the category at step one, the court should use the corresponding starting point to reach a sentence within the category range below. The starting point applies to all offenders irrespective of plea or previous convictions. A case of particular gravity, reflected by multiple features of culpability or harm in step one, could merit upward adjustment from the starting point before further adjustment for aggravating or mitigating features, set out below.
Consecutive sentences for multiple offences may be appropriate particularly where exceptionally high levels of harm have been caused.
| Culpability | |||
|---|---|---|---|
| Harm | A | B | C |
| Category 1 | Starting point 8 years’ custody |
Starting point 5 years’ custody |
Starting point 4 years’ custody |
| Category range 7 – 12 years’ custody |
Category range 4 – 8 years’ custody |
Category range 3 – 6 years’ custody |
|
| Category 2 | Starting point 5 years’ custody |
Starting point 4 years’ custody |
Starting point 2 years’ custody |
| Category range 4 – 8 years’ custody |
Category range 3 – 6 years’ custody |
Category range 1 – 4 years’ custody |
|
| Category 3 | Starting point 4 years’ custody |
Starting point 2 years’ custody |
Starting point 1 year’s custody |
| Category range 3 – 6 years’ custody |
Category range 1 – 4 years’ custody |
Category range High level community order – 3 years’ custody |
|
Factors increasing seriousness
Statutory aggravating factors
- Previous convictions, having regard to a) the nature of the offence to which the conviction relates and its relevance to the current offence; and b) the time that has elapsed since the conviction
- Offence committed whilst on bail
Other aggravating factors
- High value goods or sums targeted or obtained (whether economic, personal or sentimental)
- Victim is targeted due to a vulnerability (or a perceived vulnerability)
- Significant planning
- Steps taken to prevent the victim reporting or obtaining assistance and/or from assisting or supporting the prosecution
- Prolonged nature of event
- Restraint, detention or additional degradation of the victim
- A leading role where offending is part of a group activity
- Involvement of others through coercion, intimidation or exploitation
- Location of the offence (including cases where the location of the offence is the victim’s residence)
- Timing of the offence
- Attempt to conceal identity (for example, wearing a balaclava or hood)
- Commission of offence whilst under the influence of alcohol or drugs
- Attempts to conceal/dispose of evidence
- Established evidence of community/wider impact
- Failure to comply with current court orders
- Offence committed on licence
- Offences taken into consideration
- Failure to respond to warnings about behaviour
Factors reducing seriousness or reflecting personal mitigation
- No previous convictions or no relevant/recent convictions
- Remorse, particularly where evidenced by voluntary reparation to the victim
- Positive character and/or exemplary conduct (regardless of previous convictions)
- Serious medical condition requiring urgent, intensive or long-term treatment
- Age and/or lack of maturity (which may be applicable to offenders aged 18-25)
- Mental disorder or learning disability (where not linked to the commission of the offence)
- Little or no planning
- Sole or primary carer for dependent relatives
- Determination and/or demonstration of steps taken to address addiction or offending behaviour
- Pregnancy, childbirth and post-natal care
- Difficult and/or deprived background or personal circumstances
- Prospects of or in work, training or education
Step 3 – Consider any factors which indicate a reduction, such as assistance to the prosecution
The court should take into account section 74 of the Sentencing Code (reduction in sentence for assistance to prosecution) and any other rule of law by virtue of which an offender may receive a discounted sentence in consequence of assistance given (or offered) to the prosecutor or investigator.
Step 4 – Reduction for guilty plea
The court should take account of any potential reduction for a guilty plea in accordance with section 73 of the Sentencing Code and the Reduction in Sentence for a Guilty Plea guideline.
Step 5 – Dangerousness
The court should consider:
1) whether having regard to the criteria contained in Chapter 6 of Part 10 of the Sentencing Code it would be appropriate to impose a life sentence (sections 274 and 285)
2) (where, at some time during the commission of the offence, the offender had in his or her possession a firearm or an imitation firearm within the meaning of the Firearms Act 1968) whether having regard to sections 273 and 283 of the Sentencing Code it would be appropriate to impose a life sentence.
3) whether having regard to the criteria contained in Chapter 6 of Part 10 of the Sentencing Code it would be appropriate to impose an extended sentence (sections 266 and 279)
When sentencing offenders to a life sentence under these provisions, the notional determinate sentence should be used as the basis for the setting of a minimum term.
Step 6 – Totality principle
If sentencing an offender for more than one offence, or where the offender is already serving a sentence, consider whether the total sentence is just and proportionate to the offending behaviour. .
Step 7 – Compensation and ancillary orders
In all cases the court should consider whether to make compensation and/or other ancillary orders. Where the offence has resulted in personal injury, loss or damage the court must give reasons if it decides not to order compensation.
Where the offence involves a firearm, an imitation firearm or an offensive weapon the court may consider the criteria in section 19 of the Serious Crime Act 2007 for the imposition of a Serious Crime Prevention Order.
Step 8 – Reasons
Section 52 of the Sentencing Code imposes a duty to give reasons for, and explain the effect of, the sentence.
Step 9 – Consideration for time spent on bail (tagged curfew)
The court must consider whether to give credit for time spent on bail in accordance with section 240A of the Criminal Justice Act 2003 and section 325 of the Sentencing Code.