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Environmental Protection Act 1990 (section 33) Environmental Permitting (England and Wales) Regulations 2010 (regulations 12 and 38(1), (2) and (3)) Also relevant, with adjustments, to certain related offences. Triable either way Maximum: when tried on indictment: unlimited fine and/or 5 years’ custody when tried summarily: unlimited fine and/or 6 months’ custody Offence range: conditional discharge – 3 years’ custody Use this guideline when…

Dishonest representations for obtaining benefit etc, Social Security Administration Act 1992 (section 111A)Tax Credit fraud, Tax Credits Act 2002 (section 35)False accounting, Theft Act 1968 (section 17)Triable either wayMaximum: 7 years’ custodyOffence range: Discharge – 6 years 6 months’ custody False representations for obtaining benefit etc, Social Security Administration Act 1992 (section 112)Triable summarily onlyMaximum: Level 5 fine

Step 1 Reaching a provisional sentence Step 2 Aggravating and mitigating factors Step 3 to Step 9 Applicability In accordance with section 120 of the Coroners and Justice Act 2009, the Sentencing Council issues this definitive guideline. It applies to all individual offenders aged 18 and older and organisations that are sentenced on or after the effective date of this guideline, regardless of the date of the offence. Section 125(1) of the…

Fraud by false representation, fraud by failing to disclose information, fraud by abuse of position, Fraud Act 2006 (section 1)Triable either way Conspiracy to defraud, Common lawTriable on indictment only Maximum: 10 years’ custodyOffence range: Discharge – 8 years’ custody False accounting, Theft Act 1968 (section 17)Triable either wayMaximum: 7 years’ custodyOffence range: Discharge – 6 years and 6 months’ custody User guide for this offence…

DATA COLLECTION (across all magistrates’ courts, 23 April to 30 September 2019) Please remember to complete a form if you have just sentenced an offender for harassment (s2) and stalking (s2A) as their principal offence. Harassment, Protection from Harassment Act 1997, s.2Stalking, Protection from Harassment Act 1997, s.2ATriable only summarilyMaximum: 6 months’ custodyOffence range: Discharge – 26 weeks’ custody Racially or religiously…

Triable only on indictmentMaximum: unlimited fineOffence range: £180,000 fine – £20 million fine User guide for this offence Applicability In accordance with section 120 of the Coroners and Justice Act 2009, the Sentencing Council issues this definitive guideline. It applies to all organisations and offenders aged 18 and older, who are sentenced on or after 1 February 2016, regardless of the date of the offence. Section 125(1) of the Coroners…

Supplying or offering to supply a controlled drug, Misuse of Drugs Act 1971, s.4(3)Possession of a controlled drug with intent to supply it to another, Misuse of Drugs Act 1971, s.5(3) Triable either way unless the defendant could receive the minimum sentence of seven years for a third drug trafficking offence under section 110 Powers of Criminal Courts (Sentencing) Act 2000 in which case the offence is triable only on indictment. Class A…

Triable only summarilyMaximum: Level 2 fine (being drunk in ground) Level 3 fine (throwing missile; indecent or racist chanting; going onto prohibited areas) Unlimited fine (unauthorised sale of tickets) Level 3 fine and/or 3 months (possession of alcohol) Offence range: Conditional discharge – High level community order (possession of alcohol) Conditional discharge – Band C fine (all other offences) User guide for this offence Applicability In…

Harassment (putting people in fear of violence), Protection from Harassment Act 1997, s.4Stalking (involving fear of violence or serious alarm or distress), Protection from Harassment Act 1997, s.4ATriable either wayMaximum: 10 years’ custodyOffence range: Fine – 8 years’ custody Section 4 and section 4A are specified offences for the purposes of section 226A (extended sentence for certain violent or sexual offences) of the Criminal Justice Act…

Fraud Conspiracy to defraud (common law) Cheat the public revenue (common law) Triable only on indictment Fraud Act 2006 (sections 1, 6 and 7) Theft Act 1968 (section 17) Value Added Tax Act 1994 (section 72) Customs and Excise Management Act 1979 (section 170) Triable either way Bribery Bribery Act 2010 (sections 1, 2, 6 and 7) Triable either way Money laundering Proceeds of Crime Act 2002 (sections 327, 328 and 329) Triable either way…