Monday 10 Mar 2008 @ 10:00
Sentencing Council
Sentencing Council
 Printable version
|
 E-mail this to a friend
|
Council Consults on Sentencing Guideline for Theft and Burglary (Non-Dwelling) Offences
Offenders who target elderly victims and steal from them on the street or in their homes should face custodial sentences – the Sentencing Guidelines Council recommends today in a Consultation Guideline on theft offences.
The Guideline covers four forms of theft – theft in breach of trust, theft from the person, theft in a dwelling and theft from a shop – as well as burglary in a building other than a home.
Theft from the person can involve ‘pickpocketing’, where the victim is usually unaware of the offence at the time, but there may be cases involving a confrontation between the offender and the victim falling short of robbery.
Thefts from vulnerable victims attract a starting point of 18 weeks’ custody. Where the thief steals items worth more than £2,000 or the property is of high sentimental value to the victim, the Council proposes that higher sentences may be appropriate.
The Council’s proposals for burglary (non-dwelling) emphasize that 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 and should be regarded as an aggravating factor.
The proposed guideline for theft from a shop provides that members of organised shoplifting gangs who intimidate their victims or use or threaten force should face jail sentences of up to four years.
At the other end of the scale fines should be the starting point for the first-time opportunist thief who steals on impulse.
Offences of theft from a shop will be aggravated, however, if shoplifters steal from small independent retailers, are already subject to a banning order or involve a child in carrying out the offence.
The Council developed its recommendations following advice from the Sentencing Advisory Panel, which consulted widely.
Council Member and magistrate Malathy Sitaram said: “Offences of theft from a shop is the category of theft that most often comes before the courts and amounts to a substantial element of magistrates’ workloads.
“During the Panel’s consultation many consultees made a strong case about the impact of shoplifting on small shopkeepers and the Council has responded by stressing that offenders who target small independent retailers should face higher sentences.
“We have also emphasised that those who persist in stealing from a shop will face a community or custodial sentence.”
Fellow Council member Peter Beaumont said: “Throughout the Guideline the Council has sent the message that offenders who target vulnerable victims on the street or in their homes should face custodial sentences.
“We are also recommending that targeting vulnerable premises should be regarded by sentencers as an aggravating factor.
Notes to editors
The consultation guideline is available on the SGC website (www.sentencing-guidelines.gov.uk) along with:
• a copy of a covering letter being sent to consultees;
• advice to the Council from the Sentencing Advisory Panel on sentencing offences of theft and dishonesty;
• advice to the Council from the Sentencing Advisory Panel on sentencing for theft from a shop;
• research report on sentencing in cases of theft from shops (published August 2006).
Printed copies may be obtained from: the Sentencing Guidelines Secretariat, 4th Floor, 8-10 Great George Street, London SW1P 3AE (tel: 020 7084 8130).
The consultation closes on Friday 23 May 2008.
About the Council
The Sentencing Guidelines Council (SGC) was set up in 2004 in order to frame guidelines to assist courts in England and Wales dealing with criminal cases.
The Sentencing Advisory Panel
The Sentencing Advisory Panel is an independent advisory and consultative body created in 1999 and now constituted under section 169 of the Criminal Justice Act 2003.
The Panel submits its advice to the Sentencing Guidelines Council. The Panel’s advice concerns general sentencing principles and sentencing of specific offences as well as allocation (the choice of court venue – magistrates’ court or the Crown Court).
Created by statute, the SGC and the Sentencing Advisory Panel are independent non-departmental public bodies sponsored by the Home Office and the Ministry of Justice. They share a joint Secretariat.
Further information and details of current membership can be found at
The Guideline covers four forms of theft – theft in breach of trust, theft from the person, theft in a dwelling and theft from a shop – as well as burglary in a building other than a home.
Theft from the person can involve ‘pickpocketing’, where the victim is usually unaware of the offence at the time, but there may be cases involving a confrontation between the offender and the victim falling short of robbery.
Thefts from vulnerable victims attract a starting point of 18 weeks’ custody. Where the thief steals items worth more than £2,000 or the property is of high sentimental value to the victim, the Council proposes that higher sentences may be appropriate.
The Council’s proposals for burglary (non-dwelling) emphasize that 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 and should be regarded as an aggravating factor.
The proposed guideline for theft from a shop provides that members of organised shoplifting gangs who intimidate their victims or use or threaten force should face jail sentences of up to four years.
At the other end of the scale fines should be the starting point for the first-time opportunist thief who steals on impulse.
Offences of theft from a shop will be aggravated, however, if shoplifters steal from small independent retailers, are already subject to a banning order or involve a child in carrying out the offence.
The Council developed its recommendations following advice from the Sentencing Advisory Panel, which consulted widely.
Council Member and magistrate Malathy Sitaram said: “Offences of theft from a shop is the category of theft that most often comes before the courts and amounts to a substantial element of magistrates’ workloads.
“During the Panel’s consultation many consultees made a strong case about the impact of shoplifting on small shopkeepers and the Council has responded by stressing that offenders who target small independent retailers should face higher sentences.
“We have also emphasised that those who persist in stealing from a shop will face a community or custodial sentence.”
Fellow Council member Peter Beaumont said: “Throughout the Guideline the Council has sent the message that offenders who target vulnerable victims on the street or in their homes should face custodial sentences.
“We are also recommending that targeting vulnerable premises should be regarded by sentencers as an aggravating factor.
Notes to editors
The consultation guideline is available on the SGC website (www.sentencing-guidelines.gov.uk) along with:
• a copy of a covering letter being sent to consultees;
• advice to the Council from the Sentencing Advisory Panel on sentencing offences of theft and dishonesty;
• advice to the Council from the Sentencing Advisory Panel on sentencing for theft from a shop;
• research report on sentencing in cases of theft from shops (published August 2006).
Printed copies may be obtained from: the Sentencing Guidelines Secretariat, 4th Floor, 8-10 Great George Street, London SW1P 3AE (tel: 020 7084 8130).
The consultation closes on Friday 23 May 2008.
About the Council
The Sentencing Guidelines Council (SGC) was set up in 2004 in order to frame guidelines to assist courts in England and Wales dealing with criminal cases.
The Sentencing Advisory Panel
The Sentencing Advisory Panel is an independent advisory and consultative body created in 1999 and now constituted under section 169 of the Criminal Justice Act 2003.
The Panel submits its advice to the Sentencing Guidelines Council. The Panel’s advice concerns general sentencing principles and sentencing of specific offences as well as allocation (the choice of court venue – magistrates’ court or the Crown Court).
Created by statute, the SGC and the Sentencing Advisory Panel are independent non-departmental public bodies sponsored by the Home Office and the Ministry of Justice. They share a joint Secretariat.
Further information and details of current membership can be found at
