Guidelines
 

Draft guidelines

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Draft Guidelines
Publish date Description

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 Icon Consultation 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)

30 March 2006

Custodial Sentences of less than 12 months

This draft guideline for the new "custody plus" sentence has been developed in expectation that the legislative provisions will be implemented in autumn 2006. Those provisions will replace the existing provisions relating to custodial sentences of less than 12 months. The Council has issued guidelines in relation to parts of the framework that have already been introduced. This draft guideline covers both the circumstances in which the new sentence should be used and the way in which individual sentences should be structured.

PDF IconDraft guideline on custodial sentences of less than 12 months (file size: 252kb)

PDF Icon Letter to Consultees (file size: 13K)

16 February 2006

Allocation

This draft guideline covers the legislative and other factors that should influence the decision whether an either-way offence is retained for trial in a magistrates‘ court or sent to the Crown Court to be dealt with (the allocation decision).

Draft guideline on allocation (file size: 88kb)