Consultation guideline for theft and burglary (non-dwelling) offences

The Sentencing Guidelines Council has released a consultation guideline.

Apr 30, 2008
By NPIA Legal Evaluation Department
Choni Kenny caught on prison CCTV visiting Whelan at Forest Bank. Picture: GMP

The Sentencing Guidelines Council has released a consultation guideline which covers five areas:
?Theft in breach of trust
?Theft from the person
?Theft in a dwelling
?Theft from a shop
?Burglary in a building other than a home

The proposals state factors which may make higher custodial sentences more appropriate. These include:
?Those who target elderly victims and steal from them in the street or in their homes.
?Where the thief steals items worth more than £2,000 or the property is of a high sentimental value.
?Members of organised shoplifting gangs who intimidate their victims or use or threaten force.
?Shoplifters who steal from small independent retailers, are already subject to a banning order or involve a child carrying out the offence.
?In relation to burglary (non-dwelling) targeting vulnerable community premises such as schools, places of worship and doctors’ surgeries may result in a higher than usual degree of harm in terms of inconvenience caused.

At the other end of the scale the Council recognises that fines should be the starting point for the first time opportunist thief who steals on impulse.

The consultation recognises the fact that theft from a shop is the category of theft most commonly before the courts and which amounts to a substantial amount of magistrates’ workloads. Clear messages are therefore being sent out that offenders will receive higher penalties in either community or custodial sentences.

The consultation closes on May 23, 2008 and the guideline is available on the SGC website at http://www.sentencing-guidelines.gov.uk

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