The court should determine the offence category with reference to the tables below. The level of culpability is determined by weighing up all the factors of the case to determine the offender’s role and the extent to which the offending was planned and the sophistication with which it was carried out. Where it is not possible to calculate or estimate the economic benefit, the court may wish to draw on information from the enforcing authorities about the general costs of operating within the law. The following factors should be weighed in considering whether it is possible to suspend the sentence: Factors indicating that it would not be appropriate to suspend a custodial sentence, Factors indicating that it may be appropriate to suspend a custodial sentence, Offender presents a risk/danger to the public, Appropriate punishment can only be achieved by immediate custody, History of poor compliance with court orders, Immediate custody will result in significant harmful impact upon others. It is now nearly 50 years since the Act was passed and yet it remains very much intact[1]. For these reasons first offenders receive a mitigated sentence. We'll assume you're ok with this, but you can opt-out if you wish. See also the Sentencing Children and Young People Guideline (paragraphs 1.16 and 1.17). A burglary can also be committed if the offender causes criminal damage or grievous bodily harm[16]. Where no offence specific guideline is available to determine seriousness, the harm caused by the offence, the culpability of the offender and any previous convictions will be relevant to the assessment. Any appropriate rehabilitative requirement(s), Curfew requirement for example up to 16 hours per day for a few weeks, Attendance centre requirement (where available), Curfew requirement for example up to 16 hours for 2 – 3 months, Exclusion requirement lasting in the region of 6 months, Curfew requirement for example up to 16 hours per day for 4 – 12 months, Exclusion requirement lasting in the region of 12 months. This website uses cookies to improve your experience. For these types of crimes, the detention differs and can be quite serious, if there are severe consequences.An individual accused of theft charges will be the sent to the Magistrates’ Court in the UK, in order to see if bail can apply. Table of Offences - Summary/Non-Summary The following table will provide details of whether or not an offence is summary only which should assist Lay Magistrates in assessing whether a six month time limit will apply to any complaint/summons laid before them. Finally, triable either way offences are offences that can be treated as either a summary offence or an indictable offence. Indictable only offences in the UK – short review This group of offences is related to manslaughter, serious harm, murder and theft, and is the most serious of all. (TEW) Delaying or opening postal packet/mailbag. where the TIC is likely to attract a greater sentence than the conviction offence; where it is in the public interest that the TIC should be the subject of a separate charge; where the offender would avoid a prohibition, ancillary order or similar consequence which it would have been desirable to impose on conviction. The aggravating effect of relevant previous convictions reduces with the passage of time; Where the previous offence is particularly old it will normally have little relevance for the current sentencing exercise. 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