Consultations

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The Sentencing Council is consulting on the first ever sentencing guidelines for immigration offences. The guidelines reflect legislative changes to the Immigration Act 1971 brought in by the Nationality and Borders Act 2022.

The proposed guidelines will be used by courts in England and Wales to sentence offenders convicted of immigration offences, including offences of facilitation (assisting unlawful immigration to the UK and helping asylum-seekers to enter the UK), and knowingly entering or arriving in the UK without leave or clearance.

The consultation also covers guidelines for sentencing offences of possessing false identity documents under the Identity Documents Act 2010, which do not relate solely to immigration but can be committed for other purposes.

The Council is seeking views on the draft guideline from judges, magistrates and organisations or members of the public with an interest in this area. The new guidelines will ensure that the courts will be able to take a consistent approach when sentencing this wide range of offences. The consultation runs from 20 March 2024 to 12 June 2024.

A package of six new sentencing guidelines for offenders convicted of immigration offences in England and Wales were published for consultation by the independent Sentencing Council today following changes in legislation.

Under the proposals, judges and magistrates will – for the first time – have dedicated sentencing guidelines for immigration offences including assisting illegal entry or arrival, using deception to enter or remain in the UK, knowingly entering the UK illegally, breaching a deportation order or possessing false identity documents.

The draft guidelines seek to achieve consistency in sentencing and they reflect legislative changes to the Immigration Act 1971 brought in by the Nationality and Borders Act 2022. The Nationality and Borders Act introduced new maximum sentences for some immigration offences and created a number of new offences.

The consultation proposes sentences of up to 16 years in custody for the most serious offenders, such as those who facilitate the illegal entry of large numbers of people for commercial purposes in a manner that puts those individuals or rescuers at a high risk of serious injury or death.

Other proposed guidelines include sentences of up to eight years for possessing false identity documents with an improper intention, and three years in custody for knowingly entering the country illegally.

Sentencing Council member, District Judge (Magistrates’ Courts) Stephen Leake, said:

“The Sentencing Council is issuing draft sentencing guidelines to cover a range of immigration offences.  The most serious of these offences involve offenders who facilitate or assist those seeking to enter this country illegally, often in circumstances that cause a real risk of death or serious injury to others.  In some cases, illegal immigration is facilitated by organised crime groups who exploit vulnerable people in order to make a profit.

“It is important that courts have appropriate sentencing guidelines that reflect the current laws when dealing with these cases.  Public consultation is an important part of the development of new sentence guidelines, and we welcome the views of anyone with an interest in these draft guidelines.”

Currently there are no sentencing guidelines for immigration offences and courts sentencing such cases follow case law that has developed over time and the Council’s General guideline, which provides guidance to judges and magistrates when sentencing offences for which there is no relevant offence-specific guideline.

The new guidelines will ensure that the courts will be able to take a consistent approach when sentencing these offences, which cover a wide range of offences.

The Council is seeking views on the draft guidelines – which apply to adult offenders only – from judges, magistrates and others with an interest in this area. The consultation will run from 20 March 2024 to 12 June 2024.

Notes to Editors

  1. The full list of guidelines being proposed is shown below:
  1. All new sentencing guidelines follow more recent Council guideline models and include a stepped approach to sentencing.
  2. Sentencing guidelines must be followed, unless the court is satisfied that it would be contrary to the interest of justice to do so in all the circumstances of a particular case.
  3. Guidelines set sentencing ranges within the maximum for the offence as set out in current legislation. The Facilitation guideline aims to ensure that higher sentences are imposed for the most serious offending behaviour in reflection of the fact that Parliament has raised the statutory maximum sentence from 14 years’ imprisonment to life. The other guidelines seek to maintain current sentencing practice.
  4. The Sentencing Council was established by Parliament to be an independent body, but accountable to Parliament for its work which is scrutinised by the Justice Select Committee. Justice Ministers are accountable to Parliament for the Sentencing Council’s effectiveness and efficiency, for its use of public funds and for protecting its independence. Judicial Council members are appointed by the Lady Chief Justice with the agreement of the Lord Chancellor. Non-judicial council members are appointed by the Lord Chancellor with the agreement of the Lady Chief Justice.
  5. For more information, please contact Kathryn Montague, Sentencing Council Press Office, on 020 7071 5792 / 5788 or email press.office@sentencingcouncil.gov.uk

The Sentencing Council has published a statistical bulletin and data tables, explaining current sentencing practice for immigration offences.

This is in preparation for the launch of the Council’s consultation on the immigration guidelines, which will be published tomorrow (Wednesday 20th March).

Changes to a number of sentencing guidelines have been published by the Sentencing Council following a consultation on miscellaneous amendments. 

The changes, which will come into effect on 1 April 2024, include amendments to the manslaughter guidelines made in response to recommendations in the Domestic Homicide Sentencing Review and the introduction of a new, dedicated mitigating factor providing guidance for courts on sentencing pregnant offenders and new mothers.

The changes to the manslaughter guidelines introduce references to coercive or controlling behaviour to reflect up-to-date terminology and a new aggravating factor, ‘use of strangulation, suffocation or asphyxiation’ to ensure that the seriousness of strangulation is not overlooked in sentencing and make the guidelines more consistent with those for assault.  

The Council has introduced a new mitigating factor, ‘Pregnancy, childbirth and post-natal care’, in the majority of offence specific sentencing guidelines. The factor sets out what courts may consider when sentencing a pregnant or post-natal woman (someone who has given birth in the previous 12 months) and replaces the current guidance on sentencing pregnant offenders, which was part of the ‘Sole or primary carer’ mitigating factor. The introduction of a separate, dedicated factor will give more prominence to the guidance and provide more information to help the courts in deciding the sentence.  

Other changes the Council is making include:

  • amendments to the Fraud guideline to give more recognition to the impact on victims even where there is no or very little financial loss, and
  • amendments to the guideline for sentencing individuals for fly-tipping and other environmental offences to give greater emphasis to community orders over fines.

Sentencing Council chairman, Lord Justice William Davis, said:

“Annually the Sentencing Council consults on proposed amendments to existing guidelines.  The changes which will come into effect on 1 April 2024 reflect the responses to the consultation we carried out in the latter part of 2023. 

“The amendments cover a variety of issues.  In part the intention is to improve clarity in guidelines and to reflect developments in case law and changes in legislation.  The amendments also encompass recommendations in an independent report we commissioned into equality and diversity together with recommendations in the Wade Review of sentencing of domestic homicide.”

Miscellaneous amendments are made when the changes proposed by guideline users are substantial enough to warrant consultation but not so substantial that they require new guidelines to be drafted.

Notes to editors

  1. This is the third annual consultation on miscellaneous amendments.
  2. The changes to manslaughter guidelines are in response to recommendations in the Domestic Homicide Sentencing Review by Clare Wade KC published in March 2023.
  3. Other changes are in response to the recommendations in a report the Sentencing Council commissioned into equality and diversity in the work of the Sentencing Council and suggestions from people who use sentencing guidelines.
  4. Sentencing guidelines must be followed, unless the court is satisfied that it would be contrary to the interests of justice to do so in all the circumstances of a particular case.
  5. The Sentencing Council was established by Parliament to be an independent body, but accountable to Parliament for its work which is scrutinised by the Justice Select Committee.
  6. Justice Ministers are accountable to Parliament for the Sentencing Council’s effectiveness and efficiency, for its use of public funds and for protecting its independence.
  7. Judicial Council members are appointed by the Lady Chief Justice with the agreement of the Lord Chancellor. Non-judicial council members are appointed by the Lord Chancellor with the agreement of the Lady Chief Justice.

The Sentencing Council’s response to the third annual consultation on miscellaneous amendments to sentencing guidelines used in both magistrates’ courts and the Crown Court was published today. 

The report sets out amendments that we will be making to sentencing guidelines following the consultation. The amendments are designed to improve clarity and reflect developments in case law and changes in legislation.

The changes, which will come into effect on 1 April 2024, include:

  • amendments and additions to mitigating factors and their associated expanded explanations across sentencing guidelines. These include replacing the existing reference to pregnancy in the ‘Sole or primary carer’ factor with a dedicated factor for pregnancy, childbirth and post-natal care.
  • changes to the manslaughter guidelines relating to strangulation and coercive control, in in response to recommendations in the Domestic Homicide Sentencing Review
  • amendments to the Fraud guideline to give more recognition to the impact on victims even where there is no or very little financial loss
  • amendments to the guideline for sentencing individuals for fly-tipping and other environmental offences to give greater emphasis to community orders over fines.

The Council has published the findings of qualitative research conducted with magistrates and judges exploring selected aggravating and mitigating factors and their accompanying expanded explanations.  It also explored perspectives on the potential introduction of three new mitigating factors.

In response to the findings, a number of amendments to selected factors have been proposed and consulted on as part of the Council’s annual miscellaneous amendments to the guidelines consultation. The response to this consultation will be published on 18 March.  

The Sentencing Council is consulting on six new and revised sentencing guidelines for motoring offences in England and Wales. The draft guidelines cover offences committed by people driving vehicles without the owner’s consent, vehicle registration fraud and driver disqualification.

The proposed aggravated vehicle taking guidelines cover death caused, injury caused, dangerous driving and vehicle or property damage caused. The proposed new guideline for vehicle registration fraud (offences covers, for example forging, altering or fraudulently using vehicle number plates.

The proposed overarching guideline for driver disqualification brings together the Council’s existing guidance on the principles to follow when imposing a disqualification. 

There are currently sentencing guidelines for magistrates’ courts for aggravated vehicle taking offences involving accident causing injury, dangerous driving and causing damage to vehicle/property published in 2008, but no guidance for Crown Court. The proposed guidelines will apply to both magistrates’ courts and the Crown Court.

The consultation includes:

The Council is seeking views on the draft guideline from judges, magistrates and organisations or members of the public with an interest in this area. The consultation runs from 21 February 2024 to 22 May 2024.

Proposed sentencing guidelines for offenders convicted of motoring offences committed while driving vehicles without the owner’s consent, were published for consultation by the independent Sentencing Council today.

The draft guidelines cover four aggravated vehicle taking offences, which would apply when offenders have driven dangerously, or caused death, injury or damage to property while, for example, driving a stolen vehicle, or a vehicle driven without the owner’s authority.

There are currently sentencing guidelines for magistrates’ courts for aggravated vehicle taking offences involving dangerous driving, accident causing injury, and causing damage to vehicle/property published in 2008.

The proposed guidelines which, when in force, will apply to adult offenders in England and Wales, will replace the existing guidelines and will, for the first time, include sentence levels for the Crown Court.

Sentencing Council member, His Honour Judge Simon Drew KC, said:

“Drivers who commit motoring offences that result in death, injury or damage to property in vehicles they do not have permission to drive, can cause anguish and inconvenience both to the vehicle owner and to victims affected by their driving.

“Victims can suffer serious consequences including death or life-changing injuries or serious damage to property including to the vehicles that were used without permission. The guidelines we are proposing today will allow courts to take a consistent approach to sentencing these offences.”

The Council is also proposing a new guideline for vehicle registration fraud offences which include forging, altering, or fraudulently using vehicle number plates, and a new overarching guideline for driver disqualification which includes principles to follow when imposing a disqualification.  The proposed guidelines will complete the Sentencing Council’s package of new and revised motoring offence guidelines, following the publication in 2023 of guidelines for causing death by dangerous driving and other offences.

The Council is seeking views on the draft guideline from judges, magistrates and organisations or members of the public with an interest in this area. The consultation runs from 21 February 2024 to 22 May 2024.

Notes to editors

  1. The proposed guidelines are :
  1. Aggravated vehicle taking is an offence under section 12A of the Theft Act 1968. The underlying act of taking a vehicle without the owner’s consent can be aggravated in four different ways:
  • where the vehicle is driven dangerously
  • where injury is caused
  • where property (other than the vehicle) is damaged)
  • where the vehicle is damaged.
  1. In general, the offence has a maximum of two years’ custody and is triable either way (i.e. in either the magistrates courts or the Crown Court). Where a death has resulted, the maximum penalty is 14 years’ custody. Where the value of property or vehicle damage does not exceed £5,000 the offence is deemed summary-only with a maximum penalty of six months’ custody.
  2. The Sentencing Guidelines Council (the predecessor body to the Sentencing Council) published two guidelines for use in the magistrates’ courts in 2008: one covers aggravated vehicle taking involving injury and dangerous driving, and the other covers aggravated vehicle taking involving vehicle and property damage. These will be replaced by the new proposed guidelines.
  3. Vehicle registration fraud is an offence under section 44 of the Vehicle Excise and Registration Act 1994. This was amended by the Finance Act 2014 to remove vehicle licence fraud from scope of the offence, as part of the abolition of tax discs. The Sentencing Guidelines Council produced a guideline for Vehicle Licence/Registration Fraud in 2008, which the proposed guideline will replace. The offence is triable either way with a maximum penalty of two years’ custody.
  4. Sentencing guidelines must be followed, unless the court is satisfied that it would be contrary to the interests of justice to do so in all the circumstances of a particular case.
  5. The Sentencing Council was established by Parliament to be an independent body, but accountable to Parliament for its work which is scrutinised by the Justice Select Committee.
  6. Justice Ministers are accountable to Parliament for the Sentencing Council’s effectiveness and efficiency, for its use of public funds and for protecting its independence.
  7. Judicial Council members are appointed by the Lady Chief Justice with the agreement of the Lord Chancellor. Non-judicial council members are appointed by the Lord Chancellor with the agreement of the Lady Chief Justice.

The Sentencing Council has published a statistical bulletin and data tables, explaining current sentencing practice for aggravated vehicle taking and other motoring related matters.

This is in preparation for the launch of the Council’s consultation on the aggravated vehicle taking offences guidelines, disqualification and other motoring related matters, which will be published tomorrow (Wednesday 21st February).

The Sentencing Council has launched a consultation on new sentencing guidelines for offenders convicted of blackmail, kidnap or false imprisonment.

The proposed guidelines will ensure judges in England and Wales are able to take a consistent approach when sentencing these offences, which can range in severity and can cause serious harm to victims.

These will be the first dedicated sentencing guidelines for these offences. Currently, courts sentencing such cases will follow case law that has developed over time to sentence the offences and the Council’s General guideline, which provides guidance to judges when sentencing offences for which there is no relevant offence-specific guideline.

The Council is seeking views on the draft guidelines from the judiciary, legal professionals who use the guidelines, and organisations or members of the public with an interest in this area. The consultation runs from 31 January 2024 to 24 April 2024.