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Criminals who burgle homes are committing offences against the person – not just property – and they should face robust sentences, sentencing advisers propose today.

The Sentencing Advisory Panel makes its proposals in a Consultation Paper dealing with sentencing for burglary of a dwelling.

Most victims are emotionally affected by someone breaking into their homes and some suffer considerable distress, especially if the property has been ransacked or
the burglar has taken property of high economic or sentimental value.

Burglary is often most traumatic if the victims are at home when it is committed – even if they are asleep and only discover the crime has taken place some time later, the report highlights.

“Where a victim comes face-to-face with the offender, this will increase the harm to an even greater degree,” the Panel adds.

The Panel’s proposals closely follow the approach taken in a recent judgment in the Court of Appeal, in which the Lord Chief Justice, Lord Judge said that sentences should reflect the anguish suffered by the victims of domestic break-ins.

• In the most serious cases, such as where vulnerable victims have been targeted, or where serious harm was caused to the victim, the starting point for sentencing a first time adult offender should be 2 years custody, falling within a range of 12 months to four years.

• First time young offenders should face between 6 months and 2 years in detention for the most serious burglaries.

• Only in cases where a burglar has caused minimal loss or damage and the harm caused to the victim is shown to be low should the starting point for sentencing fall below a custodial sentence.

• In cases where an offender is making a genuine attempt to tackle an addiction to drugs or alcohol, the court may wish to consider imposing a treatment programme as part of a community order in an attempt to break the cycle of offending

Panel Chairman Andrew Ashworth said: “The harm caused to victims whose homes have been burgled goes well beyond the loss of any property. Anger, shock, fear and anxiety are the most common reactions; some victims find they cannot sleep for some time after the offence and others feel compelled to move home.

“The Panel’s proposals closely follow a recent judgment from the Court of Appeal which stressed that sentences must reflect the trauma victims suffer when their homes are burgled.”


Notes to editors:

The Sentencing Advisory Panel is an independent advisory and consultative body
which was established in 1999. The Panel offers advice on general sentencing principles, sentencing of specific offences as well as allocation (the choice of court venue – magistrates’ court or the Crown Court). Chaired by Professor Andrew Ashworth, the Panel has 12 members. Details of current membership can be found at www.sentencing-guidelines.gov.uk 

Copies of this consultation paper may be obtained from: Sentencing Guidelines Secretariat, 4th Floor, 8-10 Great George Street, London SW1P 3AE. The document is available also on the sentencing guidelines website:
www.sentencing-guidelines.gov.uk 


The closing date for responses is 5 August 2009.