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Also relevant, with adjustments, to certain related offences. Triable either wayMaximum: when tried on indictment: unlimited fine and/or 5 years’ custody when tried summarily: unlimited fine and/or 6 months’ custodyOffence range: conditional discharge – 3 years’ custody Use this guideline when the offender is an individual. If the offender is an organisation, please refer to the guideline for organisations. Confiscation Committal to the Crown…

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 wayMaximum: when tried on indictment: unlimited fine and/or 5 years’ custody when tried summarily: unlimited fine and/or 6 months’ custodyOffence range: conditional discharge – 3 years’ custody Use this guideline when the…

Triable either wayMaximum: when tried on indictment: unlimited fine and/or 2 years’ custody when tried summarily: unlimited fine and/or 6 months’ custodyOffence range: Conditional discharge – 2 years’ custody User guide for this offence 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…

Triable either wayMaximum: when tried on indictment, unlimited fine and/or 2 years’ custody when tried summarily: unlimited fine For offences under The General Food Regulations, the maximum when tried summarily is an unlimited fine and/or 6 months’ custody Offence range: Conditional discharge – 18 months’ custody User guide for this offence Guideline users should be aware that the Equal Treatment Bench Book covers important aspects…

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 a breach of suspended sentence order as their principal offence. Harassment, Protection from Harassment Act 1997, s.2Stalking, Protection from Harassment Act 1997, s.2A Triable only summarilyMaximum: 6 months’ custodyOffence range: Discharge – 26 weeks’ custody Racially or…

Criminal damage (other than by fire) value not exceeding £5,000, Criminal Damage Act 1971, s.1 (1) Triable only summarilyMaximum: Level 4 fine and/or 3 months’ custodyOffence range: Discharge – 3 months’ custody Note: Where an offence of criminal damage is added to the indictment at the Crown Court the statutory maximum sentence is 10 years’ custody regardless of the value of the damage. In such cases where the value does not exceed £5,000, the…

Criminal damage (other than by fire) value exceeding £5,000, Criminal Damage Act 1971, s.1(1) Triable either way Maximum: 10 years’ custodyOffence range: Discharge – 4 years’ custody Note: Where an offence of criminal damage is added to the indictment at the Crown Court the statutory maximum sentence is 10 years’ custody regardless of the value of the damage. In such cases where the value does not exceed £5,000 regard should also be had to the…