Advice

Further information

This is a list of the advice that the Sentencing Advisory Panel has produced and sent to the Sentencing Guidelines Council, and previously the Court of Appeal, for consideration.

Advice is central to the development of sentencing guidelines and is used by the Council as a starting point for its formation of guidelines.

Some of the documents below are in Adobe PDF format. To view them, you may first need to download a free copy of the Adobe Acrobat reader.

Panel Advice
Date	Description
30 June 2009	Sentencing Principles - youths This advice from the Sentencing Advisory Panel to the Sentencing Guidelines Council makes proposals in relation to the principles governing the sentencing of young people aged 10-17 inclusive. Advice: Sentencing principles - youths
25 February 2009	Sentencing for fraud offences This advice from the Sentencing Advisory Panel to the Sentencing Guidelines Council makes proposals in relation to the sentencing of a range of fraud offences. Sentencing for fraud offences
25 February 2009	Sentencing for fraud offences This advice from the Sentencing Advisory Panel to the Sentencing Guidelines Council makes proposals in relation to the sentencing of a range of fraud offences. Sentencing for fraud offences
23 May 2008	Sentencing for Breach of an Anti-Social Behaviour Order This advice from the Sentencing Advisory Panel to the Sentencing Guidelines Council proposes guidelines for sentencing both young and adult offenders for breach of an Anti-social Behaviour Order (ASBO). Sentencing for breach of an anti-social behaviour order
10 March 2008	Sentencing for Theft from a Shop In this advice the Sentencing Advisory Panel invites the Sentencing Guidelines Council to consider the Panel's proposals for guidelines on sentencing adults for the offence of theft from a shop. Sentencing for Theft from a Shop
10 March 2008	Sentencing for Offences of Theft and Dishonesty This advice from the Sentencing Advisory Panel to the Sentencing Guidelines Council proposes guidelines on sentencing adult offenders for offences of theft and dishonesty: theft in breach of trust theft from the person theft in a dwelling burglary in a building other than a dwelling making off without payment abstracting electricity Sentencing for Offences of Theft and Dishonesty
9 January 2008	Driving Offences – Causing Death by Driving In this latest to the Sentencing Guidelines Council the Sentencing Advisory Panel proposes guidelines for sentencing adult offenders convicted of a causing death by driving offence Driving Offences – Causing Death by Driving
04 December 2007	Revised Magistrates’ Court Sentencing Guidelines In this advice to the Sentencing Guidelines Council, the Panel proposes revised Magistrates’ Court Sentencing Guidelines. Revised Magistrates’ Courts’ Sentencing Guidelines Addendum to the Panel’s advice
27 June 2007	Sentencing for Assault and other Offences Against the Person In this latest advice to the Sentencing Guidelines Council, the Sentencing Advisory Panel proposes guidelines on sentencing offenders for assault and other offences against the person. Sentencing for Assault and other Offences Against the Person
24 May 2007	Sentencing for Bail Act offences In this latest advice to the Sentencing Guidelines Council, the Sentencing Advisory Panel proposes guidelines on sentencing adult defendants who fail to surrender to custody at a police station or a court following time spent on bail. Sentencing for Bail Act Offences
18 January 2007	Review of Guideline: Reduction in Sentence for a Guilty Plea In May 2006 the Sentencing Guidelines Council requested that the Sentencing Advisory Panel undertake a review of the guideline on the reduction in sentence for a guilty plea. Review of Guideline: Reduction in Sentence for a Guilty Plea
7 June 2006	Sexual Offences Act 2003 This, the latest in a series of advice papers from the Sentencing Advisory Panel to the Sentencing Guidelines Council, proposes guidelines on sentencing for the whole range of offences covered in the Sexual Offences Act 2003. Sexual Offences Act 2003 (file size: 463kb) Correction to Panel's advice on sexual offences
11 April 2006	Domestic violence In this, its sixth Advice to the Sentencing Guidelines Council, the Sentencing Advisory Panel invites the Council to consider the Panel's proposals for guidelines on sentencing for offences committed within a domestic context. Domestic Violence (file size: 350kb)
30 March 2006	Custodial Sentences of less than 12 Months In this advice the Sentencing Advisory Panel proposes guidelines for the new "custody plus" sentence, which is currently scheduled for implementation in the autumn of 2006; this will replace the existing provisions relating to custodial sentences of less than 12 months. The advice covers the circumstances in which the new sentence should be used and the way in which individual sentences should be structured. Custodial Sentences of less than 12 months (file size: 577kb)
16 February 2006	Allocation In this advice the Sentencing Advisory Panel proposes guidelines for the new allocation procedure and associated legislative changes that are expected to be implemented in the autumn of 2006. The advice covers the legislative and other factors that should influence the decision as to whether an either-way offence is retained for trial in a magistrates’ court or sent to the Crown Court to be dealt with. Allocation (file size: 148 Kb)
09 May 2005	Manslaughter by reason of provocation The panel has produced as the fourth Advice to the Sentencing Guidelines Council, sentencing guidelines for the offence of manslaughter by reason of provocation. The Panel has concluded that the starting point for sentencing for manslaughter by reason of provocation will always be a custodial sentence, with non-custodial sentences being reserved only for cases involving exceptional mitigating factors. The Panel has also taken the view that the fact that a killing takes place in a domestic context should be irrelevant for sentencing purposes. Manslaughter by reason of provocation (file size: 206 Kb)
20 September 2004	New Sentences: Criminal Justice Act 2003 In this, its third Advice to the Sentencing Guidelines Council, the Sentencing Advisory Panel invites the Council to consider the Panel's proposals for guidelines on the new sentencing framework introduced by the Criminal Justice Act 2003. The Panel has concluded that, in general terms, the seriousness of an offence is to be determined by assessing the relative impacts of both culpability and harm. New Sentences: Criminal Justice Act 2003, PDF format (file size: 338 Kb)
20 September 2004	Reduction in Sentence for a guilty plea In its second Advice to the Sentencing Guidelines Council, the Sentencing Advisory Panel invites the Council to consider the Panel's proposals for sentencing guidelines on reduction in sentence for a guilty plea. The Panel has concluded that the primary purpose of the reduction is for 'system based' reasons, i.e. to save the time and expense of a trial. The Advice provides a four-stage process that could be adopted by courts when determining and delivering sentence following a guilty plea. Reduction in Sentence for a guilty plea, PDF format (file size: 153 Kb)
05 May 2004	Robbery The Sentencing Advisory Panel has published its first proposal to the Sentencing Guidelines Council: that the Council should issue sentencing guidelines on cases of robbery. The Panel has decided to include three categories of robbery in its advice: street robbery or mugging, robberies of small businesses and less sophisticated commercial robberies. The dominant factor in assessing seriousness for any of the three types of robbery is the degree of force used or threatened and the Panel's advice is premised on that basis. Robbery, PDF format (file size: 103 Kb)
10 July 2003	Alcohol and tobacco smuggling The Sentencing Advisory Panel has invited the Court of Appeal to review and update its sentencing guidelines on the offence of alcohol and tobacco smuggling under section 170 of the Customs & Excise Management Act 1979. Smuggling is a non-violent, non-sexual offence, with no direct personal victim. While a substantial prison sentence will be the best way of dealing with the worst offenders, for those lower down the scale a fine or a community sentence will normally be more appropriate. Alcohol and tobacco smuggling, PDF format (file size: 146 Kb)
18 February 2003	Causing death by dangerous driving The Sentencing Advisory Panel has proposed that the Court of Appeal should issue a sentencing guideline on the offence of causing death by dangerous driving. The Panel believes that new guidelines will help sentencers to strike the right balance between the level of culpability of the offender and the magnitude of the harm resulting from the offence. While the outcome of an offence, including the number of people killed, is relevant to the sentence, the primary consideration must always be the culpability of the offender. Causing death by dangerous driving, PDF format (file size: 56 Kb)
15 August 2002	Offences involving child pornography The Sentencing Advisory Panel has published a proposal that the Court of Appeal should issue a sentencing guideline on offences involving the making, possession or distribution of child pornography. The Panel believes that sentencing for these offences should reflect the harm suffered by children who are abused and exploited by pornographers. It offers sentencers a structured approach to assessing the seriousness of an individual offence and selecting the appropriate penalty. Offenses involving child pornography, PDF format (file size: 56 Kb)
24 May 2002	Rape The Sentencing Advisory Panel has proposed that the Court of Appeal should issue revised sentencing guidelines for offences of rape. The Panel’s key recommendation is that, for sentencing purposes, "acquaintance rape" and "relationship rape" should be treated as being no less serious than "stranger rape". The Panel commissioned research into public attitudes to these issues, and the report on the research is also available. Rape, PDF format (file size: 46 Kb)
10 May 2002	Domestic Burglary The Sentencing Advisory Panel has proposed that the Court of Appeal should issue new sentencing guidelines on domestic burglary. Based on the findings of a public opinion survey carried out for the Panel, the proposal indicates the appropriate sentence for a "standard" burglary, and identifies features that would make a particular offence of domestic burglary more serious than another. Domestic Burglary, PDF format (file size: 51 Kb)
23 April 2002	Minimum terms in murder cases The Sentencing Advisory Panel proposes that the Court of Appeal should issue guidance for sentencers in the Crown Court on the setting of minimum terms in murder cases. Murderers serving a life sentence are released from prison only when they have served a period considered necessary to meet the requirements of retribution and deterrence (currently known as the "tariff") and when the Parole Board considers that they are no longer a risk to society. The Panel’s advice is designed to help judges both in setting the minimum term for a young offender and in making a recommendation in the case of an adult. Minimum terms in murder cases, PDF format (file size: 50.5 Kb)
01 Nov 2001	Extended sentences The courts have a range of powers, when dealing with persistent or dangerous sexual and violent offenders, to impose a sentence which reflects the risk of future offending by the offender as well as the seriousness of the offence itself. One of the options available is an "extended sentence", which provides for additional supervision of the offender under licence after his release from custody. Extended sentences, PDF format (file size: 88 Kb)
15 March 2001	Handling stolen goods The Sentencing Advisory Panel proposes that the Court should frame a sentencing guideline on the offence of handling stolen goods. The Panel believes that the appropriate response for the majority of offences, which are at the lower end of the range, is a fine or a community sentence. Sentences approaching the maximum (14 years in custody) should be reserved for the most serious and unusual cases. Handling stolen goods, PDF format (file size: 63 Kb)
29 Aug 2000	Racially aggravated offences In this, the Sentencing Advisory Panel’s fourth proposal to the Court of Appeal, we propose that the Court should frame a sentencing guideline on racially aggravated offences. Our suggested guidance would apply both to the specific new offences created by sections 29-32 of the Crime and Disorder Act 1998 (racially aggravated assault, harassment and criminal damage), for which the maximum sentence available to the courts is higher than for the basic, non-aggravated equivalent, and to all other cases which are treated as racially aggravated under section 82 of the Act. Racially aggravated offences, PDF format (file size: 81 Kb)
14 June 2000	Importation and possession of opium This is the Sentencing Advisory Panel’s third proposal to the Court of Appeal, and the first in response to a request for advice from the Court itself. The Panel's advice is that a sentencing guideline for opium offences should be based on weight, cross-checked with street value to ensure that at least an approximate equivalence with heroin and cocaine is maintained. Importation and possession of opium, PDF format (file size: 38 Kb)
23 May 2000	Offensive weapons The Sentencing Advisory Panel proposes that the Court should frame a sentencing guideline on the offences of possessing an offensive weapon or a bladed instrument in a public place. Sentencers may find it difficult to assess the seriousness of an offence which does not involve actual violence, and where there may be no specific victim. In its proposal, the Panel seeks to identify the circumstances in which the sentencer should consider imposing a custodial or community sentence. Offensive weapons, PDF format (file size: 54 Kb)
01 March 2000	Environmental offences This is the Sentencing Advisory Panel’s first advice to the Court of Appeal. In response to the Home Secretary’s direction of 29 July 1999, the Panel now proposes to the Court of Appeal that the Court should frame a sentencing guideline on environmental offences. In its advice, the Panel seeks to clarify the sentencing principles for environmental offences, help the courts towards consistency in assessing the seriousness of an individual offence, and provide guidance on the choice and level of sentence. Environmental offences, PDF format (file size: 62 Kb)