Courts told to ignore guidelines

A memo has been sent out to magistrates across the country saying they can ignore sentencing guidelines to take into account the “exceptional” levels of disorder and hand down more serious sentences to rioters.

Aug 18, 2011
By Dilwar Hussain
Simon Megicks

A memo has been sent out to magistrates across the country saying they can ignore sentencing guidelines to take into account the “exceptional” levels of disorder and hand down more serious sentences to rioters.

Courts have been told in a memo, sent late last week by London’s most senior Justice Clerk, that offences committed during the riots should be dealt with more harshly.

The Crown Prosecution Service (CPS) also issued guidance to its prosecutors on lifting reporting restrictions in cases involving youths who are convicted.

A CPS spokesperson said: “We have issued guidance to prosecutors that states they should ask the court to lift the anonymity of a youth defendant when they believe it is required in the public interest that the youth be identified. Legislation permits the court to do so after conviction.”

Courts appear to be heeding the request as Ministry of Justice figures show two thirds of people appearing at court for offences connected to the disorder have been remanded in custody.

Those dealt with for inciting violence have also received lengthy sentences. Jordan Blackshaw, 21, and Perry Sutcliffe, 22, were both sentenced this week to four years in prison after being found guilty of setting up Facebook pages inciting others to take part in disorder in Cheshire.

Martin McRobb, crown advocate for CPS Mersey-Cheshire, said: “The CPS worked very closely with the police and Cheshire Crown Court to bring forward preliminary hearing dates. We were able to serve upon the defence in both cases sufficient case material that led to early guilty pleas and we were able to present the facts in both cases in a fair but robust manner.”

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