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Draft guidelines

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Seriousness and New Sentences: Criminal Justice Act 2003 | Reduction in Sentence for a Guilty Plea

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Draft Guidelines
Publish date Description

30 June 2009

Overarching principles – Sentencing youths

On Tuesday 30 June 2009, the Sentencing Guidelines Council published a draft guideline on the principles which apply when courts sentence young offenders. The guideline is set in the context of new laws for sentencing young people which are expected to come into force later this year.

PDF IconConsultation guideline: Overarching principles – Sentencing youths

PDF IconLetter to consultees

25 February 2009

Sentencing for fraud – statutory offences

This draft guideline encompasses a wide range of statutory offences of fraud, including those in the Fraud Act 2006. Common law offences (such as cheating the public revenue and conspiracy) which are generally reserved for the most serious cases of fraud are not included in the guideline.  It is derived from advice received from the Sentencing Advisory Panel which was published at the same time. The guideline identifies different types of fraudulent activity and provides five guidelines based around those types. 

PDF Icon Consultation Guideline: Sentencing for fraud – statutory offences

PDF Icon Letter to consultees

23 May 2008

Breach of an Anti-Social Behaviour Order

In this guideline the Council builds on the approach to dealing with breaches of orders established in its guidelines on New Sentences: Criminal Justice Act 2003 and Breach of Protective Orders (published December 2004 and December 2006 respectively). The main aim of sentencing for breach of a court order is to achieve the purpose of the order, which in the case of an ASBO is to protect the public from behaviour that is likely to cause harassment, alarm or distress. This guideline applies to the sentencing of adult and young offenders.

PDF IconConsultation Guideline – Breach of an Anti-Social Behaviour Order

PDF Icon Letter to consultees

10 March 2008

Theft and Burglary (non-dwelling)

The forms of theft and burglary covered by this guideline are:

  • theft in breach of trust
  • theft from the person
  • theft in a dwelling
  • theft from a shop
  • burglary in a building other than a dwelling

PDF Icon Consultation guideline - Theft and Burglary (non-dwelling)

PDF Icon Letter to consultees

9 January 2008   

Causing Death by Driving

This guideline applies to the four offences of causing death by dangerous driving, causing death by driving under the influence of alcohol or drugs, causing death by careless driving and causing death by driving: unlicensed, disqualified or uninsured drivers.

PDF Icon Consultation guideline: Causing death by driving

PDF Icon Covering letter for causing death by driving consultation guideline

04 December 2007

Revised Magistrates’ Court Sentencing Guidelines 

The Sentencing Guidelines Council has published for consultation revised Magistrates’ Court Sentencing Guidelines adopting the advice and draft guidelines developed by the Sentencing Advisory Panel.

PDF Icon Consultation guidelines on Revised Magistrates’ Courts’ Sentencing Guidelines

Update - April 2008

The Sentencing Guidelines Council has considered responses to its consultation and has agreed final guidelines for implementation on 4 August 2008.

It is hoped that hard copies will be ready for distribution from mid-May. Every district judge, magistrate and legal adviser will receive an individual copy and copies will also be sent to every Crown Court centre. As with all Council publications, the guidelines will also be available on this website.

Further information relevant to trainers is available on the JSB Magistrates and Legal Advisers Training website

27 June 2007

Sentencing for assault and other offences against the person

In consultation guidelines published on 27 June the Sentencing Guidelines Council has recognised the considerable range of harm caused to victims of violent offences.

One consultation guideline deals with seven commonly charged offences of violence, which almost always involve the infliction of harm (which can be temporary or permanent) directly by an offender, or an intention to cause harm to a victim even if harm does not if fact result.

A separate consultation guideline includes advice on the principles relevant to sentencing in cases involving child victims of assault, and also contains guidance in relation to the specific offence of cruelty to a child. Cruelty to a child has a wide-ranging definition and can include assault as well as other forms of conduct that cause unnecessary suffering or injury to the health of a child.

PDF Icon Consultation guideline on sentencing offenders for assault and other offences against the person

PDF Icon Consultation guideline - Overarching principles: Assault on children and cruelty to a child

PDF Icon Letter to consultees

PDF Icon Notes and questions

24 May 2007

Sentencing offenders who fail to surrender to bail

The Sentencing Guidelines Council has produced a consultation guideline to assist sentencers dealing with the large number of offenders who unnecessarily disrupt and delay criminal proceedings through failure to keep appointments and attend court hearings in answer to bail.

PDF Icon Consultation guideline on sentencing offenders who fail to surrender to bail

PDF Icon Letter to consultees

18 January 2007 

Draft Revised Guideline: Reduction in Sentence for a Guilty Plea

In December 2004, the Council issued a definitive guideline 'Reduction in Sentence for a Guilty Plea' to be applied to offences sentenced on or after 10th January 2005. At the request of the Council, the Sentencing Advisory Panel has conducted a review of the guideline involving extensive consultation. The Council has prepared a revised draft guideline for consultation..

PDF IconDraft guideline on the review of the guideline on Reduction in Sentence for a Guilty Plea

PDF IconLetter to consultees

7 June 2006

Sexual Offences Act 2003

The consultation guidelines have been produced to assist sentencers to deal with more than 50 offences contained in the 2003 legislation, which consolidated the majority of the sexual offences into a single Act. The consultation guidelines cover a wide range of offending in a sexual context and deal with a number of new or amended offences introduced by the Sexual Offences Act 2003.

PDF Icon Draft guideline on the Sexual Offences Act 2003 (file size: 376kb)

PDF Icon Letter to consultees (file size: 12kb)

11 April 2006

Domestic violence

This consultation guideline identifies the principles relevant to the sentencing of cases involving violence that has occurred in a domestic context and includes details of particular aggravating and mitigating factors.

PDF Icon Draft guideline on domestic violence (file size: 126kb)

PDF Icon Letter to consultees (file size: 19kb)

 

Breach of a protective order

The Council is issued a consultation guideline on breach of non molestation and restraining orders. These orders are often imposed because of incidents arising from domestic relationships but can be made in other situations where no relationship exists. Their aim is to prevent future conduct causing harassment or fear of violence or molesting another person.

PDF Icon Draft guideline on breach of a protective order (file size: 126kb)

PDF Icon Letter to consultees (file size: 19kb)

28 November 2005

Robbery

Part 1 of this draft guideline provides starting points and sentencing ranges that are applicable to three types of robbery; street robbery or ‘mugging’, robberies of small businesses and less sophisticated commercial robberies. For other types of robbery, relevant guidance from the Court of Appeal should be applied; this is summarised in Part 2 of this guideline.

Draft guideline on robbery (file size: 288kb)

09 May 2005

Manslaughter by reason of provocation

This is the third draft guideline the Sentencing Guidelines Council has published. It deals with cases where offenders are found guilty of manslaughter rather than murder, on the basis they were severely provoked.

Manslaughter by reason of provocation (file size: 128 kb)

20 September 2004

Seriousness and New Sentences: Criminal Justice Act 2003
This is the second draft guideline that the Sentencing Guidelines Council has published. Part 1 covers the general overarching principle of ‘seriousness’. The assessment of seriousness is critical to and underpins the sentencing decision in each individual case. Part 2 relates to the new sentencing framework introduced by the Act which affects the nature of community and custodial sentences. Only those sentences and related provisions which are expected to come into force by April 2005 are dealt with in this guideline. When the consultation period is concluded, the Council will consider any responses received and then issue a final guideline to which every court will have to have regard in accordance with section 172 of the 2003 Act.

Seriousness and New Sentences: Criminal Justice Act 2003, PDF format (file size: 156kb)

 

Reduction in Sentence for a Guilty Plea
This is the first draft guideline that the Sentencing Guidelines Council has published. It deals with an issue that affects Courts every day and will bring clarity about reasons why a reduction is given and about the approach to calculating the reduction in an individual case. When the consultation period is concluded, the Council will consider any responses received and then issue a final guideline to which every court will have to have regard in accordance with section 172 of the 2003 Act.

Reduction of sentence for a Guilty Plea, PDF format (file size: 103kb)

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