Law and Rights
The latest sentencing statistics available are for 2008 and may be accessed on the Ministry of Justice website - here.
The Telegraph 11th September said - "Revealed: not a single burglar gets maximum jail sentence". The maximum sentence for burglary of a dwelling is 14 years and for other premises is 10 years - see here.
Where the offender is guilty of a third domestic burglary, then there may be a minimum sentence of 3 years but this can be quite readily avoided since the Powers of Criminal Courts (Sentencing) Act 2000 s.111 gives the judge a considerable discretion based on particular circumstances relating to the the offence or to the offender - see here. It appears that, in 2008, there were 611 offenders in this category. Only 145 of them received in excess of 3 years.
The Court of Appeal recently set out new sentencing guidance in R v Saw [2009] EWCA Crim 1 Obviously, any effect of this judgment could not be reflected in the 2008 figures. The Lord Chief Justice said - "The starting point must always - we emphasise, always - be that burglary of a home is a serious criminal offence, The principle which must be grasped is that when we speak of dwelling house burglary, we are considering not only an offence against property, which it is, but also, and often more alarmingly and distressingly, an offence againts the person".
Those who argue for more lenient sentencing often make the point that it is "being caught" which is the principal deterrent. Against that, it could be argued that the chances of being caught are likely to reduced if, due to financial pressures for cuts in services, there are fewer front-line Police Officers. Does this not make it even more important that those convicted of burglary face very tough sentencing? See BBC 10th September and London Evening Standard 10th September and Manchester Evening News 11th September.
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Law and Rights
Burglary: undue leniency and policing cuts
The Telegraph 11th September said - "Revealed: not a single burglar gets maximum jail sentence". The maximum sentence for burglary of a dwelling is 14 years and for other premises is 10 years - see here.
Where the offender is guilty of a third domestic burglary, then there may be a minimum sentence of 3 years but this can be quite readily avoided since the Powers of Criminal Courts (Sentencing) Act 2000 s.111 gives the judge a considerable discretion based on particular circumstances relating to the the offence or to the offender - see here. It appears that, in 2008, there were 611 offenders in this category. Only 145 of them received in excess of 3 years.
The Court of Appeal recently set out new sentencing guidance in R v Saw [2009] EWCA Crim 1 Obviously, any effect of this judgment could not be reflected in the 2008 figures. The Lord Chief Justice said - "The starting point must always - we emphasise, always - be that burglary of a home is a serious criminal offence, The principle which must be grasped is that when we speak of dwelling house burglary, we are considering not only an offence against property, which it is, but also, and often more alarmingly and distressingly, an offence againts the person".
Those who argue for more lenient sentencing often make the point that it is "being caught" which is the principal deterrent. Against that, it could be argued that the chances of being caught are likely to reduced if, due to financial pressures for cuts in services, there are fewer front-line Police Officers. Does this not make it even more important that those convicted of burglary face very tough sentencing? See BBC 10th September and London Evening Standard 10th September and Manchester Evening News 11th September.
- Knives - Bladed Articles - Sentencing
Updated 10th May In April, schoolteacher Mrs Ann Maguire was stabbed at her school in Leeds. She died and a knife was recovered. A 15 year old boy pupil at the school was arrested - BBC News 29th April 2014. Subsequently, the boy...
- A Few Items For Sunday Afternoon.
Inquests and legal aid (absence of): Legal aid for families at inquests has not been readily granted because, so the government argues, an inquest is an inquisitorial process and this should protect the interests of the family. Exceptionally, legal...
- The Court Of Appeal Speaks On August Disorder Sentencing
The Court of Appeal (Criminal Division) has issued judgment in relation to ten appeals against sentences imposed for convictions arising from the August disorder -R v Blackshaw and others [2011] EWCA Crim 2312. On 20th August, in a post related...
- Burglary - New Sentencing Guidance
Law and Lawyers looked at the August disorder in a number of posts: Who will pay? We all will ! The Riot (Damages) Act 1886 ... Defence of Property - what is permissible ... Some thoughts on a desperate August week ... The recent disorder:...
- Deterrence No.2
Deterrence is aimed at dissuading the individual from re-offending (sometimes referred to as particular deterrence) as well as dissuading others from offending (general deterrence). Whilst there is widespread belief that deterrence (in either sense) works,...