Law and Rights
- R V Teret ~ "historical" Sexual Offending
The Judiciary website has published the sentencing remarks of Mr Justice Baker in the case of R v Teret. "Disc jockey" Ray Teret was well-known in the North West of England during the 1960s and 1970s. He has been sentenced to a total of 25 years...
- 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...
- 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:...
- Assault Cases - Guidelines Council Consults On Revised Sentencing Framework
The Sentencing Guidelines Council is consulting on a revised framework for sentencing assault cases - see SGC Consultations. There is a "Public Consultation" and a "Professional Consultation". The Independent newspaper view of the consultation may...
Law and Rights
Sentencing Guidelines for Burglary
Hot on the heels of sentencing guideline consultations for assault and drug offences, the Sentencing Council has issued a consultation on sentencing for burglary. The consultation is open to public comment up to 4th August 2011 ? see Professional Consultation document. In the assault and drug offence consultations a nine point approach was adopted and the same approach has been applied here.
Burglary is legally defined in the Theft Act 1968 s.9 (Burglary) and s.10 (Aggravated Burglary). In recent years, particularly
as a result of R v Saw and others [2009] EWCA Crim 1, sentencing practice has come round to the view that burglary can be very much an offence against the person and is not merely a property offence. Aggravated burglary is triable only in the Crown Court: other burglaries are normally triable either-way but, in some instances, are triable only in the Crown Court. A further point to note is that the Criminal Justice Act 2003 s.224 (Dangerous Offenders) may apply to certain cases.
as a result of R v Saw and others [2009] EWCA Crim 1, sentencing practice has come round to the view that burglary can be very much an offence against the person and is not merely a property offence. Aggravated burglary is triable only in the Crown Court: other burglaries are normally triable either-way but, in some instances, are triable only in the Crown Court. A further point to note is that the Criminal Justice Act 2003 s.224 (Dangerous Offenders) may apply to certain cases.
There is a noticeable difference between the Council?s proposals and the maximum sentences permitted by Parliament in the legislation. The maximum for aggravated burglary is life imprisonment which effectively means that the court is empowered to impose any term of imprisonment but the Council?s range of sentence indicates a maximum of 13 years. The maximum for burglary of a dwelling house is 14 years but the proposed guidance indicates sentencing up to a maximum of 6 years. The maximum proposed by the Council for non-dweliing burglary is 4 years against a statutory maximum of 10.
The Guardian 12th May 2011 - "Punishments for burglars tightened up by sentencing body"
The Telegraph 11th September 2010 - "Revealed: not a single burglar gets maximum jail sentence"
The Guardian 12th May 2011 - "Punishments for burglars tightened up by sentencing body"
The Telegraph 11th September 2010 - "Revealed: not a single burglar gets maximum jail sentence"
- R V Teret ~ "historical" Sexual Offending
The Judiciary website has published the sentencing remarks of Mr Justice Baker in the case of R v Teret. "Disc jockey" Ray Teret was well-known in the North West of England during the 1960s and 1970s. He has been sentenced to a total of 25 years...
- 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...
- 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:...
- Assault Cases - Guidelines Council Consults On Revised Sentencing Framework
The Sentencing Guidelines Council is consulting on a revised framework for sentencing assault cases - see SGC Consultations. There is a "Public Consultation" and a "Professional Consultation". The Independent newspaper view of the consultation may...