The starting point applies to all offenders irrespective of plea or previous convictions. (b) the time that has elapsed since the conviction. Either or both of these considerations may justify a reduction in the sentence. Care should be taken to avoid double counting. Section 52 of the Sentencing Code imposes a duty to give reasons for, and explain the effect of, the sentence. The primary significance of previous convictions (including convictions in other jurisdictions) is the extent to which they indicate trends in offending behaviour and possibly the offender’s response to earlier sentences. belfastlive.co.uk - A former DUP mayor has been convicted of a sexual offence involving a child. Disqualification until a test is passed, 6. Starting points define the position within a category range from which to start calculating the provisional sentence. This guideline also applies to offences committed remotely/online. Racial or religious aggravation – statutory provisions, 2. An immature offender may find it particularly difficult to cope with the requirements of a community order without appropriate support. A relevant offender automatically becomes subject to notification requirements, obliging him to notify the police of specified information for a specified period. The fact that an offender is voluntarily intoxicated at the time of the offence will tend to increase the seriousness of the offence provided that the intoxication has contributed to the offending. Criminal Court Case Results for Offence Convictions - Attempting to cause or incite a child to engage in sexual activity Sexual Offences Act 2003 - Linked to Legislation, Sentencing Records, Sentencing Guidelines, CPS guidance, Court, Judge and Legal Team (Solicitors, Barristers etc) Once the starting point is established, the court should consider further aggravating and mitigating factors and previous convictions so as to adjust the sentence within the range. If a custodial sentence is imposed it should be proportionate and kept to the necessary minimum. There is a greater capacity for change in immature offenders and they may be receptive to opportunities to address their offending behaviour and change their conduct. Forfeiture or suspension of liquor licence, 24. Section 59(1) of the Sentencing Code provides that: unless the court is satisfied that it would be contrary to the interests of justice to do so.”. See Totality guideline. The more sophisticated, extensive or persistent the actions after the event, the more likely it is to increase the seriousness of the offence. For offences involving significant commercial exploitation and/or an international element, it may, in the interests of justice, be appropriate to increase a sentence to a point above the category range. For these reasons first offenders receive a mitigated sentence. Section 2 and Schedule 3 of the Safeguarding Vulnerable Groups Act 2006, Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria andMiscellaneous Provisions) Regulations 2009 (SI 2009/37) (as amended). The court must consider whether to give credit for time spent on bail in accordance with section 240A of the Criminal Justice Act 2003 and section 325 of the Sentencing Code. Where there has been a significant gap between previous and current convictions or a reduction in the frequency of offending this may indicate that the offender has made attempts to desist from offending in which case the aggravating effect of the previous offending will diminish. The role of the court is to inform the offender of the applicable requirements and/or prohibition. v) A custodial sentence that is suspended should be for the same term that would have applied if the sentence was to be served immediately. If a PSR has been prepared it may provide valuable assistance in this regard. It applies to all offenders aged 18 and older, who are sentenced on or after 1 April 2014.*. Magistrates: Consult your legal adviser before deciding to sentence to custody without a pre-sentence report. These are specified offences for the purposes of sections 266 and 279 (extended sentence for certain violent, sexual or terrorism offences) of the Sentencing Code. A court may make a slavery and trafficking prevention order against an offender convicted of a slavery or human trafficking offence, if satisfied that: The following requirements or provisions are not part of the sentence imposed by the court but apply automatically by operation of law. The clear intention of the threshold test is to reserve prison as a punishment for the most serious offences. Where there are previous offences but these are old and /or are for offending of a different nature, the sentence will normally be reduced to reflect that the new offence is not part of a pattern of offending and there is therefore a lower likelihood of reoffending. The table below contains a non-exhaustive list of additional factual elements providing the context of the offence and factors relating to the offender. The approach to the imposition of a custodial sentence should be as follows: 1) Has the custody threshold been passed? Starting points define the position within a category range from which to start calculating the provisional sentence. The operation of the notification requirement is not a relevantconsideration in determining the sentence for the offence. Allocation, offences taken into consideration and totality, Fraud, bribery and money laundering offences, General guideline and expanded explanations in sentencing guidelines, Health and safety offences, corporate manslaughter and food safety and hygiene offences, Imposition of community and custodial sentences, Offenders with mental disorders, developmental disorders or neurological impairments, Disposals for offenders with mental disorders, developmental disorders or neurological impairments, Types of sentences for children and young people, Definitive guidelines archive of print editions, 8. The court should determine which categories of harm and culpability the offence falls into by reference only to the tables below. Previous convictions are likely to be ‘relevant’ when they share characteristics with the current offence (examples of such characteristics include, but are not limited to: dishonesty, violence, abuse of position or trust, use or possession of weapons, disobedience of court orders). Victim compelled to leave their home, school, etc, Commission of an offence while subject to a. Having determined the category of harm and culpability, the court should use the corresponding starting points to reach a sentence within the category range below. Choudhury, of West View Road, Elswick, Newcastle, admitted attempting to cause or incite a child to engage in sexual activity and making indecent photographs of children. Starting points and ranges apply to all offenders, whether they have pleaded guilty or been convicted after trial. (3) Where the court treats a relevant previous conviction as an aggravating factor under subsection (2) it must state in open court that the offence is so aggravated. Wednesday, 2nd October 2019, 12:17 pm. Immaturity can also result from atypical brain development. Section 64 of the Sentencing Code states: In considering the seriousness of any offence committed while the offender was on bail, the court must -, (a) treat the fact that it was committed in those circumstances as an aggravating factor and. 2) where the offence involved penetration, whether having regard to sections 273 and 283 of the Sentencing Code it would be appropriate to impose a life sentence. The extent to which the offender has complied with the conditions of a licence or order (including the time that has elapsed since its commencement) will be a relevant consideration. This applies regardless of whether the offender is under the influence of legal or illegal substance(s). ii) If the court imposes a term of imprisonment of between 14 days and 2 years (subject to magistrates’ courts sentencing powers), it may suspend the sentence for between 6 months and 2 years (the ‘operational period’). The level of harm (physical, psychological or financial) is likely to be increased if the victim is vulnerable. An immature offender may find it particularly difficult to cope with the requirements of a community order without appropriate support. He pleaded guilty to incite a girl to engage in sexual activity, attempting to meet a girl under 16 following grooming, attempting to have a sexual communication with a child and two counts of making an indecent photo of a child. Lack of remorse should never be treated as an aggravating factor. Disqualification in the offender’s absence, 9. Where any such actions are the subject of separate charges, this should be taken into account when assessing totality. Where the offender is dealt with separately for a breach of a licence or order regard should be had to totality. 2) whether having regard to sections 273 and 283 of the Sentencing Code it would be appropriate to impose a life sentence. When sentencing young adult offenders (typically aged 18-25), consideration should also be given to the guidance on the mitigating factor relating to age and lack of maturity when considering the significance of such conduct. The time for which a sentence is suspended should reflect the length of the sentence; up to 12 months might normally be appropriate for a suspended sentence of up to 6 months. This guideline applies only to offenders aged 18 and older. Credit for a guilty plea is taken into consideration only at step four in the decision making process, after the appropriate sentence has been identified. Aaron John Brimfield, 26, was sentenced today after appearing before Mold Crown Court. This guideline applies only to offenders aged 18 and older. thestar.co.uk. The court must consider whether to make any ancillary orders. The use or production of a weapon has relevance. the offender’s responsibility for the offence and. Whenever the court reaches the provisional view that: the court should obtain a pre-sentence report, whether verbal or written, unless the court considers a report to be unnecessary. Tamas Olasz appeared at Oxford … In exceptional cases, such as where a vulnerable offender performed a limited role, having been coerced or exploited by others, sentences below the starting point and range may be appropriate. iv) When the court suspends a sentence, it may impose one or more requirements for the offender to undertake in the community. The extent to which the offender has complied with the conditions of an order (including the time that has elapsed since its commencement) will be a relevant consideration. Offence committed for ‘commercial’ purposes, 11. The clear intention of the threshold test is to reserve prison as a punishment for the most serious offences. Thomas Hogg (32) convicted of trying to incite a schoolboy to take part in sexual activity Former DUP mayor convicted on child sexual offence charge 2021-03-05 09:10:13 4 minutes ago In particular young adults (typically aged 18-25) are still developing neurologically and consequently may be less able to: Young adults are likely to be susceptible to peer pressure and are more likely to take risks or behave impulsively when in company with their peers. The court should inform the offender accordingly. Previous convictions are likely to be ‘relevant’ when they share characteristics with the current offence (examples of such characteristics include, but are not limited to: dishonesty, violence, abuse of position or trust, use or possession of weapons, disobedience of court orders).  In general the more serious the previous offending the longer it will retain relevance. Extension period of disqualification from driving where a custodial sentence is also imposed, 2. Introduction to out of court disposals, 5. 2) Is it unavoidable that a sentence of imprisonment be imposed? Within each offence, the Council has specified different categories which reflect varying degrees of seriousness. Doncaster pervert admits attempted child sex … The more serious the offence, the less the weight which should normally be attributed to this factor. Sentencers must consider all available disposals at the time of sentence; even where the threshold for a community sentence has been passed, a fine or discharge may be an appropriate penalty. Having determined the starting point, step two allows further adjustment for aggravating or mitigating features, set out below. Forfeiture and destruction of goods bearing unauthorised trade mark, 17. Criminal justice – where does the Council fit? Only the online version of a guideline is guaranteed to be up to date. Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm. Disqualification from ownership of animals, 11. evaluate the consequences of their actions, Sexual activity was incited but no activity took place because the offender voluntarily desisted or intervened to prevent it, there is a risk the offender may commit a slavery or human trafficking offence; and. Parker has been jailed for four years for sexual activity with a child almost a decade ago. In cases involving significant persistent offending, the community and custody thresholds may be crossed even though the current offence normally warrants a lesser sentence. In general, an offence is not made more serious by the location of the offence except in ways taken into account by other factors in this guideline (such as planning, vulnerable victim, offence committed in a domestic context, maximising distress to victim, others put at risk of harm by the offending, offence committed in the presence of others). In particular, they can have the effect of restricting the offender’s liberty while providing punishment in the community, rehabilitation for the offender, and/or ensuring that the offender engages in reparative activities. An offence may be more serious when it is committed in places in which there is a particular need for discipline or safety such as prisons, courts, schools or hospitals. AN innocent dad was wrongly jailed after a paedophile stole his ID to groom underage girls. Where the current offence is significantly less serious than the previous conviction (suggesting a decline in the gravity of offending), the previous conviction may carry less weight. 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. 1) whether having regard to the criteria contained in Chapter 6 of Part 10 of the Sentencing Code it would be appropriate to impose an extended sentence (sections 266 and 279) and. Automatic orders on conviction for sexual offences, Additional note: Availability of ancillary orders, 1. The court must consider whether to make any ancillary orders. Robert Rogers admitted attempting to incite a child to engage in sexual activity, travelling to meet a child following grooming, sexual assault and taking indecent images of a four-year-old girl. A simple assertion of the fact may be insufficient, and the offender’s demeanour in court could be misleading, due to nervousness, a lack of understanding of the system, a belief that they have been or will be discriminated against, peer pressure to behave in a certain way because of others present, a lack of maturity etc. 1) where the offence involved penetration, whether having regard to the criteria contained in Chapter 6 of Part 10 of the Sentencing Code it would be appropriate to impose a life sentence (sections 274 and 285). The Council has also identified a starting point within each category. Sentences commensurate with the applicable starting point and range will ordinarily be appropriate. the custody threshold has been passed; and, if so. Where there has been a significant gap between previous and current convictions or a reduction in the frequency of offending this may indicate that the offender has made attempts to desist from offending in which case the aggravating effect of the previous offending will diminish. For further information see Imposition of community and custodial sentences. Where the offender is a care leaver the court should enquire as to any effect a sentence may have on the offender’s ability to make use of support from the local authority. Define incite. A statutory scheme pursuant to which offenders will or may be barred from regulated activity relating to children or vulnerable adults, with or without the right to make representations,depending on the offence. Where the current offence is significantly less serious than the previous conviction (suggesting a decline in the gravity of offending), the previous conviction may carry less weight. Prevalence and community impact statements, General guideline: overarching principles, Reduction in sentence for a guilty plea - first hearing on or after 1 June 2017, Sentencing offenders with mental disorders, developmental disorders, or neurological impairments, Sentencing children and young people: sexual offences, Sentencing children and young people - overarching principles, part 3 of Schedule 9 of the Sentencing Code, Imposition of Community and Custodial Sentences definitive guideline, Imposition of Community and Custodial Sentences, Chapter 6 of Part 10 of the Sentencing Code, Ancillary orders – Crown Court Compendium, Part II Sentencing, s7, Offences only just cross community order threshold, where the seriousness of the offence or the nature of the offender’s record means that a discharge or fine is inappropriate, Offences that obviously fall within the community order band, Offences only just fall below the custody threshold or the custody threshold is crossed but a community order is more appropriate in the circumstances, Sections 80 to 88 and Schedule 3 of the Sexual Offences Act 2003. Triable only on indictment (if penetration involved), otherwise, triable either way Maximum: Life imprisonment (if penetration involved), otherwise 14 years’ custody Offence range: 1 – 17 years’ custody. Courts should be cautious about aggravating an offence by reason of it being committed for example at night, or in broad daylight unless it also indicates increased harm or culpability not already accounted for. Stephen Price stole the "younger and more attractive" father's … The court should take into account section 74 of the Sentencing Code (reduction in sentence for assistance to prosecution) and any other rule of law by virtue of which an offender may receive a discounted sentence in consequence of assistance given (or offered) to the prosecutor or investigator. Brimfield, from Wrexham, believed he was talking to a young girl online. The court will need to be satisfied that the offender is genuinely remorseful for the offending behaviour in order to reduce the sentence (separate from any guilty plea reduction). Attempting to commit an offence. For offenders on the cusp of custody, imprisonment should not be imposed where there would be an impact on dependants which would make a custodial sentence disproportionate to achieving the aims of sentencing. If a PSR has been prepared it may provide valuable assistance in this regard. Presley admitted to attempting to meet a child after sexual grooming, attempted sexual communication with a child and attempting to incite a child to engage in sexual activity. The court will need to be satisfied that the offender is genuinely remorseful for the offending behaviour in order to reduce the sentence (separate from any guilty plea reduction). This factor may apply whether or not the offender has previous convictions.  Evidence that an offender has demonstrated positive good character through, for example, charitable works may reduce the sentence.Â. the warning(s) were made at the time of or shortly before the commission of the offence. In the context of this offence, previous good character/exemplary conduct should not normally be given any significant weight and will not normally justify a reduction in what would otherwise be the appropriate sentence. He previously admitted seven offences – three counts of making indecent photos of a child, ... and one charge of attempting to cause or incite a teenager boy to engage in sexual activity. Racial or religious aggravation – statutory provisions, 2. Exploiting contact arrangements with a child to commit an offence. Wigan man admits child sex charges A man has admitted trying to incite a girl under the age of 13 to engage in sexual activity. Reoffending rates for first offenders are significantly lower than rates for repeat offenders. A custodial sentence must not be imposed unless the offence or the combination of the offence and one or more offences associated with it was so serious that neither a fine alone nor a community sentence can be justified for the offence. The circumstances of the individual offence and the factors assessed by offence-specific guidelines will determine whether an offence is so serious that neither a fine alone nor a community sentence can be justified. iv) When the court suspends a sentence, it may impose one or more requirements for the offender to undertake in the community. The presence of one or more children may in some situations make the primary victim more vulnerable – for example an adult may be less able to resist the offender if concerned about the safety or welfare of children present. The imposition of a custodial sentence is both punishment and a deterrent. Disqualification of company directors, 16. the offender’s responsibility for the offence and. Evidence that an offender has demonstrated positive good character through, for example, charitable works may reduce the sentence. Whenever the court reaches the provisional view that: the court should obtain a pre-sentence report, whether verbal or written, unless the court considers a report to be unnecessary. Suggested starting points for physical and mental injuries, 1. Draper faces charges of attempting to incite … Within each offence, the Council has specified different categories which reflect varying degrees of seriousness. Extension period of disqualification from driving where a custodial sentence is also imposed, 2. v) A custodial sentence that is suspended should be for the same term that would have applied if the sentence was to be served immediately. Either or both of these considerations may justify a reduction in the sentence. (2) The court must treat as an aggravating factor each relevant previous conviction that it considers can reasonably be so treated, having regard in particular to—, (a) the nature of the offence to which the conviction relates and its relevance to the current offence, and. When considering a custodial or community sentence for a young adult the National Probation Service should address these issues in a PSR. The court should take account of any potential reduction for a guilty plea in accordance with section 73 of the Sentencing Code and the Reduction in Sentence for a Guilty Plea guideline. When considering the totality of previous offending a court should take a rounded view of the previous crimes and not simply aggregate the individual offences. He denied two charges of attempting to incite a child to engage in sexual activity. Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. See also the Sentencing Children and Young People Guideline (paragraphs 1.16 and 1.17). 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. ii) If the court imposes a term of imprisonment of between 14 days and 2 years (subject to magistrates’ courts sentencing powers), it may suspend the sentence for between 6 months and 2 years (the ‘operational period’).