Trade Mark offences are the latest set of offences to be given sentencing guidelines by The Sentencing Council.
The Sentencing Council produces guidelines on sentencing for the judiciary and criminal justice professionals. The aim is to promote greater consistency in sentencing whilst maintaining the independence of the judiciary. The guidelines set sentencing ranges within the maximum for the...Read More
A new draft sentencing guideline for the offence of importing prohibited or restricted firearms has been published for consultation. There are no current guidelines in respect of these offences, although there are eight current guidelines for offences under the Firearms Act 1968.
Sentencing guidelines set the range for sentences and are intended to reflect current sentencing practices for the...Read More
The Sentencing Council has announced a consultation on the revision of sentencing guidelines for domestic, non-domestic and aggravated burglary offences.
The existing burglary definitive guideline was the second to be developed by the Sentencing Council and came into force under criminal law in 2012. The proposed guidelines have been developed following an evaluation of the existing ones.
The existing assault sentencing guidelines came into effect in January 2012; at the same time, the attempt murder guideline was revised.
Following an “extensive and complex project”, new sentencing guidelines have been announced for certain violent offences, including new guidance for assaults on emergency workers.
Sentencing guidelines are referred to by any sentencing tribunal to...Read More
Draft revised sentencing guidelines have been produced to reflect recent Court of Appeal judgments. The guidelines clarify sentencing guidance for cases where no sexual activity occurs or where the targeted child does not exist.
The rise of ‘paedophile hunters‘ and the use of undercover police officers to catch online offenders attempting to commit child sex offences has led to a...Read More
In cases where there is more than one defendant, it is a common scenario that one or more pleads guilty, perhaps at an early stage, but others continue their case to trial. When should those who plead guilty early on be sentenced?
A question then arises as to whether those who have pleaded guilty earlier should be sentenced immediately, or at some other point.
The starting point is that a...Read More
Sentencing is a complex process. Consequently the courts are provided with guidelines by the Sentencing Council. These assist in determining the appropriate sentence for a wide, and ever-expanding, range of offences.
The guidelines provide guidance on factors the court should take into account that may affect the sentence given.
Different levels of sentence are set out based on the harm...Read More
The Sentencing Council is consulting on revised sentencing guidelines for several terrorism offences. This is on the face of it a surprising move given that a definitive guideline was only recently implemented.
The main legislative changes impacting the guidelines include increases to the statutory maximum sentences for some offences, and an expansion of some offences.
As a result of the...Read More
The Sentencing Council is consulting on a new guideline for some of the most commonly prosecuted firearms offences. At the moment, guidance is to be found only in case law. This can lead to a challenging sentencing exercise.
The purpose of the guideline is to provide consistency in sentencing. The impact assessment does not suggest that any general increase in sentences is to be expected....Read More
New sentencing guidelines for public order offences come in to force for adults sentenced on or after 1 January 2020.
In August 2008, the Sentencing Guidelines Council published Magistrates’ Court Sentencing Guidelines (MCSG). The guidelines covered a number of public order offences; the offence of affray and summary offences relating to threatening and disorderly behaviour provided for by...Read More