Sentencing Guidelines on Robbery

The Sentencing Guidelines Council has published, in accordance with Section 170(9) of the Criminal Justice Act 2003 (CJA), a definitive guideline which applies to the sentencing of offenders convicted of robbery who are sentenced on or after August 1 2006. By virtue of Section 172 of the CJA, every court must have regard to this guideline.

In the main, the guideline deals with three categories of robbery:

• Street robbery or ‘mugging’.
• Robberies of small businesses.
• Less sophisticated commercial robberies.

It identifies, in relation to these categories, three levels of seriousness, based on the extent of force used or threatened. It sets out, for each level of seriousness, a sentencing range and a starting point within that range. It deals with adult and youth offenders as separate groups.

Recommendations in the guidance for adult offenders include:

• A starting point of four years custody where a weapon (real or imitation) is produced and used to threaten, and/or force is used which results in injury to the victim.
• An eight-year starting point if a victim suffers serious physical injury through the use of significant force and/or use of a weapon.
• Only where the offence involves the threat or use of minimal force should the starting point be a 12-month custodial sentence.

Non-custodial penalties should only be passed in exceptional circumstances.In relation to young offenders who have not been assessed as dangerous, the guideline recommends:

• A starting point of three years detention for a robbery where a weapon is produced and/or force is used which results in injury to the victim.
• A starting point of seven years detention where the victim suffers serious physical injury.
• A non-custodial starting point only where the offence includes the threat or use of minimal force.

The guideline also recommends that, in all robbery cases, courts should consider making a Restitution Order or a Compensation Order.

In cases where a non-custodial sentence is imposed, it recommends courts should consider making an anti-social behaviour order.

The guideline does not provide much input on violent personal robberies in the home or professionally planned commercial robberies, other than to say that, in relation to both of these circumstances, existing case authority is still valid and recommending that consideration be given as to whether the offender is a ‘dangerous offender’ for the purposes of the CJA.

The guideline can be found in full at http://www.sentencing-guidelines.gov.uk/