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Triable only on indictmentMaximum: Life imprisonmentOffence range: 4 – 19 years’ custody This is a serious specified offence for the purposes of sections 224 and 225(2) (life sentence for serious offences) of the Criminal Justice Act 2003. For offences committed on or after 3 December 2012, this is an offence listed in Part 1 of Schedule 15B for the purposes of sections 224A (life sentence for second listed offence) of the Criminal Justice Act…
Sexual Harm Prevention Orders (SHPO) can be made in relation to a person who has been convicted, found not guilty by reason of insanity or found to be under a disability and to have done the act charged, or cautioned etc. for an offence listed in either Schedule 3 or Schedule 5 to the Sexual Offences Act 2003 either in the UK or overseas (further details below). This includes offenders whose convictions etc. pre-date the commencement of the…
Triable either wayMaximum: 14 years’ custodyOffence range: Community order – 9 years’ custody For offences committed on or after 3 December 2012, this is an offence listed in Part 1 of Schedule 15B for the purposes of section 224A (life sentence for second listed offence) of the Criminal Justice Act 2003. For convictions on or after 3 December 2012 (irrespective of the date of commission of the offence), this is a specified offence for the…
Triable either way (triable only summarily if damage under £5,000)Maximum when tried summarily: Level 5 fine and/or 6 months’ custodyMaximum when tried on indictment: 2 years’ custody Must endorse and disqualify for at least 12 months Must disqualify for at least 2 years if offender has had two or more disqualifications for periods of 56 days or more in preceding 3 years – see explanatory material on obligatory disqualification and…
Where an offender who holds a personal licence to supply alcohol is charged with a ‘relevant offence’, he or she is required to produce the licence to the court, or inform the court of its existence, no later than his or her first appearance (Licensing Act (“LA”) 2003, s.128(1)). ‘Relevant offences’ are listed in schedule 4 of the Licensing Act 2003; (further details below) Where the offender is convicted, the court may order forfeiture of the…
Triable either wayMaximum: 10 years’ custodyOffence range: Community order – 7 years’ custody For convictions on or after 3 December 2012 (irrespective of the date of commission of the offence), this is a specified offence for the purposes of section 226A (extended sentence for certain violent or sexual offences) of the Criminal Justice Act 2003. User guide for this offence Guideline users should be aware that the Equal Treatment Bench Book…
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The Sentencing Council is holding a public event in Liverpool to explain sentencing and give people the chance to hear the kind of cases judges frequently deal with, pass sentences themselves, and then find out how their verdict compares with a judge’s. The event on 28 July is open to all members of the public and is being supported by the Liverpool Echo. It will explain the basics of sentencing, how the sentencing process works, and ask for…
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The Sentencing Council has published its second annual report. The report outlines activities from April 2011 to March 2012. It includes details of the Council’s work on consulting on and developing several guidelines including drugs, burglary, an overarching guideline on three aspects of sentencing practice and dangerous dogs, the monitoring of the operation and effect of guidelines with the Crown Court Sentencing Survey and improving…
View related documents on theft offences here. The definitive guideline on theft offences was issued on 6 October 2015 and came into force on 1 February 2016. The consultation on the draft guideline on theft offences was open from 3 April to 26 June 2014. There were 92 responses received. There are guidelines for offences included within the following sections: General theft Theft from a shop or stall Handling stolen goods Going equipped for…
The way sentencing works can be confusing and many people are unclear as to why offenders get the sentences they do and how those sentences are served. Here are some facts and explanations: Are sentences getting softer and fewer people being sent to prison? Do criminals get out of prison early without serving their full sentence? Do criminals who aren’t jailed just walk free from court? Are judges out of touch? Does a life sentence last for…