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Lo sentimos. We're sorry. We have not yet translated this page into Spanish. Please let us know if you want us to make it a priority and we will work to translate it as soon as possible. Gracias, su solicitud ha sido presentada. Thank you, your request has been submitted. Showing results for buy marijuana online in Fier telegram EnigmaElixirs or Email enigmaelixirs protonmail. Whitman County was named after Marcus Whitman, an early pioneering Duudaa yoo taate, rakkoo dhageettii, yoo qabaatte,yookaan dubbachuu hin dandeessu yoo tahe, irratti bilbliluudhaan Tajaajiloota Rileey Can I be informed about these notices? In general, employers are covered by the Worker Adjustment and Retraining Notification Act if they have or more employees and are laying off at least one-third of Unemployment tax rates FAQ Q. There are two components of the state unemployment tax. The first component of the tax rate is the experience-based tax, which is based on the amount of unemployment benefits paid to former employees over the past four years. The PUA program expired on the week ending Sept. That means, if you Important Updates and Alerts 2. Search Showing results for buy marijuana online in Fier telegram EnigmaElixirs or Email enigmaelixirs protonmail.

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Do not retain this copy. Only the online version of a guideline is guaranteed to be up to date. This is a Schedule 19 offence for the purposes of sections and required life sentence for offence carrying life sentence of the Sentencing Code. Where offence committed in a domestic abuse context, also refer to Domestic abuse — overarching princples. User guide for this offence. Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings. Applicability In accordance with section of the Coroners and Justice Act , the Sentencing Council issues this definitive guideline. It applies to all offenders aged 18 and older, who are sentenced on or after the effective date of this guideline, regardless of the date of the offence. Section 59 1 of the Sentencing Code provides that:. This guideline applies only to offenders aged 18 and older. General principles to be considered in the sentencing of children and young people are in the Sentencing Council definitive guideline, Overarching Principles — Sentencing Children and Young People. The court should determine the offence category with reference only to the factors in the tables below. In order to determine the category the court should assess culpability and harm. The level of culpability is determined by weighing up all the factors of the case. Having determined the category at step one, the court should use the corresponding starting point to reach a sentence within the category range below. The starting point applies to all offenders irrespective of plea or previous convictions. Where the offender is dependent on or has a propensity to misuse drugs or alcohol, which is linked to the offending , a community order with a drug rehabilitation requirement under part 10, or an alcohol treatment requirement under under part 11, of Schedule 9 of the Sentencing Code may be a proper alternative to a short or moderate custodial sentence. Where the offender suffers from a medical condition that is susceptible to treatment but does not warrant detention under a hospital order, a community order with a mental health treatment requirement under part 9 of Schedule 9 of the Sentencing Code may be a proper alternative to a short or moderate custodial sentence. In exceptional cases within category 1A, sentences of above 8 years may be appropriate. Category range Discharge — High level community order. Community orders For further information see Imposition of community and custodial sentences. In general, only one requirement will be appropriate and the length may be curtailed if additional requirements are necessary. Sentencing flowcharts are available at Imposition of Community and Custodial Sentences definitive guideline. The following factors should be weighed in considering whether it is possible to suspend the sentence:. Factors indicating that it would not be appropriate to suspend a custodial sentence. The imposition of a custodial sentence is both punishment and a deterrent. To ensure that the overall terms of the suspended sentence are commensurate with offence seriousness, care must be taken to ensure requirements imposed are not excessive. A court wishing to impose onerous or intensive requirements should reconsider whether a community sentence might be more appropriate. Ideally a pre-sentence report should be completed on the same day to avoid adjourning the case. Magistrates: Consult your legal adviser before deciding to sentence to custody without a pre-sentence report. The time for which a sentence is suspended should reflect the length of the sentence; up to 12 months might normally be appropriate for a suspended sentence of up to 6 months. The requirements are identical to those available for community orders, see the guideline on Imposition of Community and Custodial Sentences. Identify whether any combination of these, or other relevant factors, should result in an upward or downward adjustment from the starting point. Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm or those inherent in the offence. The following guidance should be considered when seeking to determine the degree to which previous convictions should aggravate sentence:. Section 65 of the Sentencing Code states that:. Section 64 of the Sentencing Code states:. In considering the seriousness of any offence committed while the offender was on bail, the court must - a treat the fact that it was committed in those circumstances as an aggravating factor and b state in open court that the offence is so aggravated. Section 66 of the Sentencing Code states:. Hostility 1 This section applies where a court is considering the seriousness of an offence which is aggravated by—. The fact that an offender is voluntarily intoxicated at the time of the offence will tend to increase the seriousness of the offence provided that the intoxication has contributed to the offending. This applies regardless of whether the offender is under the influence of legal or illegal substance s. In the case of a person addicted to drugs or alcohol the intoxication may be considered not to be voluntary, but the court should have regard to the extent to which the offender has sought help or engaged with any assistance which has been offered or made available in dealing with the addiction. Refer to the Domestic abuse - overarching principles guideline. Taken from the Offences Taken into Consideration Definitive Guideline : General principles When sentencing an offender who requests offences to be taken into consideration TICs , courts should pass a total sentence which reflects all the offending behaviour. The sentence must be just and proportionate and must not exceed the statutory maximum for the conviction offence. In exercising its discretion the court should take into account that TICs are capable of reflecting the offender's overall criminality. It is generally undesirable for TICs to be accepted in the following circumstances:. Jurisdiction The magistrates' court cannot take into consideration an indictable only offence. The Crown Court can take into account summary only offences provided the TICs are founded on the same facts or evidence as the indictable charge, or are part of a series of offences of the same or similar character as the indictable conviction offence Procedural safeguards A court should generally only take offences into consideration if the following procedural provisions have been satisfied:. Application The sentence imposed on an offender should, in most circumstances, be increased to reflect the fact that other offences have been taken into consideration. The court should:. The presence of TlCs should generally be treated as an aggravating feature that justifies an adjustment from the starting point. Where there is a large number of TICs, it may be appropriate to move outside the category range, although this must be considered in the context of the case and subject to the principle of totality. The court is limited to the statutory maximum for the conviction offence. Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm. The court will need to be satisfied that the offender is genuinely remorseful for the offending behaviour in order to reduce the sentence separate from any guilty plea reduction. Remorse can present itself in many different ways. A simple assertion of the fact may be insufficient. Evidence that an offender has demonstrated a positive side to their character may reduce the sentence. Where a person has committed the offence under the age of 18, regard should be had to the overarching guideline for sentencing children and young people. That guideline may also be relevant to offending by young adults. The emotional and developmental age of an offender is of at least equal importance to their chronological age if not greater. In particular young adults typically aged are still developing neurologically and consequently may be less able to:. Young adults are likely to be susceptible to peer pressure and are more likely to take risks or behave impulsively when in company with their peers. Immaturity can also result from atypical brain development. An immature offender may find it particularly difficult to cope with custody and therefore may be more susceptible to self-harm in custody. An immature offender may find it particularly difficult to cope with the requirements of a community order without appropriate support. There is a greater capacity for change in immature offenders and they may be receptive to opportunities to address their offending behaviour and change their conduct. Many young people who offend either stop committing crime, or begin a process of stopping, in their late teens and early twenties. Young adult care leavers are entitled to time limited support. Leaving care services may change at the age of 21 and cease at the age of 25, unless the young adult is in education at that point. Where an offender has turned 18 between the commission of the offence and conviction the court should take as its starting point the sentence likely to have been imposed on the date at which the offence was committed, but applying the purposes of sentencing adult offenders. When considering a custodial or community sentence for a young adult the Probation Service should address these issues in a PSR. Refer to the Sentencing offenders with mental disorders, developmental disorders, or neurological impairments guideline. This factor is particularly relevant where an offender is on the cusp of custody or where the suitability of a community order is being considered. See also the Imposition of community and custodial sentences guideline. For offenders on the cusp of custody, imprisonment should not be imposed where there would be an impact on dependants which would make a custodial sentence disproportionate to achieving the aims of sentencing. Where custody is unavoidable consideration of the impact on dependants may be relevant to the length of the sentence imposed and whether the sentence can be suspended. For more serious offences where a substantial period of custody is appropriate, this factor will carry less weight. The court should ensure that it has all relevant information about dependent children before deciding on sentence. When an immediate custodial sentence is necessary, the court must consider whether proper arrangements have been made for the care of any dependent children and if necessary consider adjourning sentence for this to be done. When considering a community or custodial sentence for an offender who has, or may have, caring responsibilities the court should ask the Probation Service to address these issues in a PSR. Useful information can be found in the Equal Treatment Bench Book see in particular Chapter 6 paragraphs to Where offending is driven by or closely associated with drug or alcohol abuse for example stealing to feed a habit, or committing acts of disorder or violence whilst drunk a commitment to address the underlying issue including where the offender has actively sought support but, for reasons outside their control, it has not been received may justify a reduction in sentence. This will be particularly relevant where the court is considering whether to impose a sentence that focuses on rehabilitation. When considering a custodial or community sentence for a pregnant or postnatal offender someone who has given birth in the previous 12 months the Probation Service should be asked to address the issues below in a pre-sentence report. If a suitable pre-sentence report is not available, sentencing should normally be adjourned until one is available. The impact of custody on an offender who is pregnant or postnatal can be harmful for both the offender and the child including by separation, especially in the first two years of life. Women in custody are likely to have complex health needs which may increase the risks associated with pregnancy for both the offender and the child. The NHS classifies all pregnancies in prison as high risk. There may be difficulties accessing medical assistance or specialist maternity services in custody. Where immediate custody is unavoidable, all of the factors above may be relevant to the length of the sentence. Such factors may be relevant to:. Courts should consider that different groups within the criminal justice system have faced multiple disadvantages which may have a bearing on their offending. Such disadvantages include but are not limited to:. There are a wide range of personal experiences or circumstances that may be relevant to offending behaviour. The Equal Treatment Bench Book contains useful information on social exclusion and poverty see in particular Chapter 11, paragraphs 58 to The Sentencing offenders with mental disorders, developmental disorders, or neurological impairments guideline may also be of relevance. Where an offender is in, or has a realistic prospect of starting, work, education or training this may indicate a willingness to rehabilitate and desist from future offending. Similarly, the loss of employment, education or training opportunities may have a negative impact on the likelihood of an offender being rehabilitated or desisting from future offending. The court may be assisted by a pre-sentence report in assessing the relevance of this factor to the individual offender. The court may ask for evidence of employment, training etc or the prospects of such, but should bear in mind any reasonable practical difficulties an offender may have in providing this. For more serious offences where a substantial period of custody is appropriate, this factor will carry less if any weight. The court should take into account section 74 of the Sentencing Code reduction in sentence for assistance to prosecution and any other rule of law by virtue of which an offender may receive a discounted sentence in consequence of assistance given or offered to the prosecutor or investigator. The court should take account of any potential reduction for a guilty plea in accordance with section 73 of the Sentencing Code and the Reduction in Sentence for a Guilty Plea guideline. The court should consider whether having regard to the criteria contained in Chapter 6 of Part 10 of the Sentencing Code it would be appropriate to impose a life sentence sections and or an extended sentence sections and When sentencing offenders to a life sentence under these provisions the notional determinate sentence should be used as the basis for the setting of a minimum term. If sentencing an offender for more than one offence, or where the offender is already serving a sentence, consider whether the total sentence is just and proportionate to the overall offending behaviour in accordance with the Totality guideline. The court should consider compensation orders in all cases where personal injury, loss or damage has resulted from the offence. The court must give reasons if it decides not to award compensation in such cases Sentencing Code, s. Section 52 of the Sentencing Code imposes a duty to give reasons for, and explain the effect of, the sentence. The court must consider whether to give credit for time spent on bail in accordance with section A of the Criminal Justice Act and section of the Sentencing Code. We use some essential cookies to make this website work. You can change your cookie settings at any time. Cookie settings. You can read more about our cookies. Skip to content. Magistrates' court menu Magistrates home Search offences Explanatory materials Explanatory materials back Aggravating and mitigating factors Ancillary Orders Explanatory materials back 1. Introduction to ancillary orders 2. Anti-social behaviour orders 3. Binding over orders 4. Confiscation orders 5. Criminal behaviour orders 6. Deprivation of ownership of animal 7. Deprivation orders 8. Destruction orders and contingent destruction orders for dogs 9. Disqualification from driving — general power Disqualification from ownership of animals Disqualification of company directors Drinking banning orders Exclusion orders Football banning orders Forfeiture and destruction of drugs Forfeiture and destruction of goods bearing unauthorised trade mark Forfeiture and destruction of weapons orders Forfeiture or suspension of liquor licence Parenting orders Restitution orders Restraining orders Sexual harm prevention orders Sexual offences prevention orders Automatic orders on conviction for sexual offences Additional note: Availability of ancillary orders. Explanatory materials back 1. Imposition of community orders 2. Breach of community order. Imposition of custodial sentences 2. Breach of a suspended sentence order. Explanatory materials back Approach to the assessment of fines Explanatory materials back 1. Approach to the assessment of fines - introduction 2. Fine bands 3. Definition of relevant weekly income 4. Assessment of financial circumstances 5. Approach to offenders on low income 6. Offence committed by an organisation 8. Reduction for a guilty plea 9. Maximum fines Multiple offences Imposition of fines with custodial sentences Payment Collection orders. Introduction to compensation 2. Suggested starting points for physical and mental injuries. Racial or religious aggravation — statutory provisions 2. Aggravation related to disability, sexual orientation or transgender identity — statutory provisions 3. Approach to sentencing. Introduction to out of court disposals 2. Cannabis or khat warning 3. Simple caution 4. Conditional caution 5. Penalty notices — fixed penalty notices and penalty notices for disorder 6. Community resolution 7. Offences for which penalty notices are available. Obligatory disqualification 2. Special reasons 3. Discretionary disqualification 5. Disqualification until a test is passed 6. Reduced period of disqualification for completion of rehabilitation course 7. New drivers 9. Extension period of disqualification from driving where a custodial sentence is also imposed. Victim personal statements 2. Prevalence and community impact statements. Overarching guidelines back Allocation Domestic abuse: overarching principles General guideline: overarching principles Imposition of community and custodial sentences Offences taken into consideration Reduction in sentence for a guilty plea - first hearing on or after 1 June Sentencing Children and Young People Sentencing offenders with mental disorders, developmental disorders, or neurological impairments Totality. Calculators back Fine calculator Drink-driving calculator Using the calculators. Pronouncement back Pronouncement builder How to use the pronouncement builder. Home Magistrates court Arson criminal damage by fire This is a Schedule 19 offence for the purposes of sections and required life sentence for offence carrying life sentence of the Sentencing Code. User guide for this offence Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. Culpability demonstrated by one or more of the following. Harm The level of harm is assessed by weighing up all the factors of the case. The seriousness of the offence should be the initial factor in determining which requirements to include in a community order. Offence specific guidelines refer to three sentencing levels within the community order band based on offence seriousness low, medium and high. The culpability and harm present in the offence s should be considered to identify which of the three sentencing levels within the community order band is appropriate. See below for non-exhaustive examples of requirements that might be appropriate in each. A suspended sentence is a custodial sentence. Community orders can fulfil all of the purposes of sentencing. Where an offender is being sentenced for a non-imprisonable offence, there is no power to make a community order. Sentencers must consider all available disposals at the time of sentence; even where the threshold for a community sentence has been passed, a fine or discharge may be an appropriate penalty. In particular, a Band D fine may be an appropriate alternative to a community order. Sentences should not necessarily escalate from one community order range to the next on each sentencing occasion. The decision as to the appropriate range of community order should be based upon the seriousness of the new offence s which will take into account any previous convictions. In many cases, a pre-sentence report will be pivotal in helping the court decide whether to impose a community order and, if so, whether particular requirements or combinations of requirements are suitable for an individual offender. Whenever the court reaches the provisional view that a community order may be appropriate, it should request a pre-sentence report whether written or verbal unless the court is of the opinion that a report is unnecessary in all the circumstances of the case. If an adjournment cannot be avoided, the information should be provided to the Probation Service in written form and a copy retained on the court file for the benefit of the sentencing court. However, the court must make clear to the offender that all sentencing options remain open including, in appropriate cases, committal for sentence to the Crown Court. Custodial sentences Sentencing flowcharts are available at Imposition of Community and Custodial Sentences definitive guideline. The approach to the imposition of a custodial sentence should be as follows: 1 Has the custody threshold been passed? A custodial sentence must not be imposed unless the offence or the combination of the offence and one or more offences associated with it was so serious that neither a fine alone nor a community sentence can be justified for the offence. There is no general definition of where the custody threshold lies. The circumstances of the individual offence and the factors assessed by offence-specific guidelines will determine whether an offence is so serious that neither a fine alone nor a community sentence can be justified. Where no offence specific guideline is available to determine seriousness, the harm caused by the offence, the culpability of the offender and any previous convictions will be relevant to the assessment. The clear intention of the threshold test is to reserve prison as a punishment for the most serious offences. Passing the custody threshold does not mean that a custodial sentence should be deemed inevitable. Sentencers should be clear that they would impose an immediate custodial sentence if the power to suspend were not available. If not, a non-custodial sentence should be imposed. Pre-sentence report Whenever the court reaches the provisional view that: the custody threshold has been passed; and, if so the length of imprisonment which represents the shortest term commensurate with the seriousness of the offence; the court should obtain a pre-sentence report, whether verbal or written, unless the court considers a report to be unnecessary. Suspended Sentences: General Guidance i The guidance regarding pre-sentence reports applies if suspending custody. Previous convictions,. Previous convictions are normally of relevance to the current offence when they are of a similar type. Numerous and frequent previous convictions might indicate an underlying problem for example, an addiction that could be addressed more effectively in the community and will not necessarily indicate that a custodial sentence is necessary. If the offender received a non-custodial disposal for the previous offence, a court should not necessarily move to a custodial sentence for the fresh offence. In cases involving significant persistent offending, the community and custody thresholds may be crossed even though the current offence normally warrants a lesser sentence. If a custodial sentence is imposed it should be proportionate and kept to the necessary minimum. Where the previous offence is particularly old it will normally have little relevance for the current sentencing exercise. The court should consider the time gap since the previous conviction and the reason for it. Where there has been a significant gap between previous and current convictions or a reduction in the frequency of offending this may indicate that the offender has made attempts to desist from offending in which case the aggravating effect of the previous offending will diminish. Where the current offence is significantly less serious than the previous conviction suggesting a decline in the gravity of offending , the previous conviction may carry less weight. When considering the totality of previous offending a court should take a rounded view of the previous crimes and not simply aggregate the individual offences. Where information is available on the context of previous offending this may assist the court in assessing the relevance of that prior offending to the current offence. Offence committed whilst on bail. Effective from: 01 October Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm or those inherent in the offence Section 64 of the Sentencing Code states: In considering the seriousness of any offence committed while the offender was on bail, the court must - a treat the fact that it was committed in those circumstances as an aggravating factor and b state in open court that the offence is so aggravated. Offence motivated by, or demonstrating hostility based on any of the following characteristics or presumed characteristics of the victim: religion, race, disability, sexual orientation, or transgender identity. Effective from: 01 October Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm or those inherent in the offence See below for the statutory provisions. Note the requirement for the court to state that the offence has been aggravated by the relevant hostility. Where the element of hostility is core to the offending, the aggravation will be higher than where it plays a lesser role. Section 66 of the Sentencing Code states: Hostility 1 This section applies where a court is considering the seriousness of an offence which is aggravated by— a racial hostility, b religious hostility, c hostility related to disability, d hostility related to sexual orientation, or e hostility related to transgender identity. This is subject to subsection 3. Commission of offence whilst under the influence of alcohol or drugs. Effective from: 01 October Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm or those inherent in the offence The fact that an offender is voluntarily intoxicated at the time of the offence will tend to increase the seriousness of the offence provided that the intoxication has contributed to the offending. Offence committed for financial gain. Effective from: 01 October Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm or those inherent in the offence Where an offence which is not one which by its nature is an acquisitive offence has been committed wholly or in part for financial gain or the avoidance of cost, this will increase the seriousness. Where the offending is committed in a commercial context for financial gain or the avoidance of costs, this will normally indicate a higher level of culpability. See the guidance on fines if considering a financial penalty. Victim is particularly vulnerable. Effective from: 01 October Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm or those inherent in the offence An offence is more serious if the victim is vulnerable because of personal circumstances such as but not limited to age, illness or disability unless the vulnerability of the victim is an element of the offence. Other factors such as the victim being isolated, incapacitated through drink or being in an unfamiliar situation may lead to a court considering that the offence is more serious. The extent to which any vulnerability may impact on the sentence is a matter for the court to weigh up in each case. Culpability will be increased if the offender targeted a victim because of an actual or perceived vulnerability. Culpability will be increased if the victim is made vulnerable by the actions of the offender such as a victim who has been intimidated or isolated by the offender. Culpability is increased if an offender persisted in the offending once it was obvious that the victim was vulnerable for example continuing to attack an injured victim. The level of harm physical, psychological or financial is likely to be increased if the victim is vulnerable. Offence committed in a domestic abuse context. Effective from: 01 October Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm or those inherent in the offence Refer to the Domestic abuse - overarching principles guideline. Effective from: 01 October Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm or those inherent in the offence This factor should increase the sentence only where there is clear evidence of wider harm not already taken into account elsewhere. A community impact statement will assist the court in assessing the level of impact. For issues of prevalence see the separate guidance. Failure to comply with current court orders. Effective from: 01 October Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm or those inherent in the offence Commission of an offence while subject to a relevant court order makes the offence more serious. The extent to which the offender has complied with the conditions of an order including the time that has elapsed since its commencement will be a relevant consideration. Where the offender is dealt with separately for a breach of an order regard should be had to totality Care should be taken to avoid double counting matters taken into account when considering previous convictions. Offence committed on licence or post sentence supervision. Effective from: 01 October Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm or those inherent in the offence An offender who is subject to licence or post sentence supervision is under a particular obligation to desist from further offending. The extent to which the offender has complied with the conditions of a licence or order including the time that has elapsed since its commencement will be a relevant consideration. Where the offender is dealt with separately for a breach of a licence or order regard should be had to totality. Care should be taken to avoid double counting matters taken into account when considering previous convictions. Offences taken into consideration. Effective from: 01 October Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm or those inherent in the offence Taken from the Offences Taken into Consideration Definitive Guideline : General principles When sentencing an offender who requests offences to be taken into consideration TICs , courts should pass a total sentence which reflects all the offending behaviour. It is generally undesirable for TICs to be accepted in the following circumstances: where the TIC is likely to attract a greater sentence than the conviction offence; where it is in the public interest that the TIC should be the subject of a separate charge; where the offender would avoid a prohibition, ancillary order or similar consequence which it would have been desirable to impose on conviction. For example: where the TIC attracts mandatory disqualification or endorsement and the offence s for which the defendant is to be sentenced do not; where the TIC constitutes a breach of an earlier sentence; where the TIC is a specified offence for the purposes of section of the Sentencing Code , but the conviction offence is non-specified; or where the TIC is not founded on the same facts or evidence or part of a series of offences of the same or similar character unless the court is satisfied that it is in the interests of justice to do so. The Crown Court can take into account summary only offences provided the TICs are founded on the same facts or evidence as the indictable charge, or are part of a series of offences of the same or similar character as the indictable conviction offence Procedural safeguards A court should generally only take offences into consideration if the following procedural provisions have been satisfied: the police or prosecuting authorities have prepared a schedule of offences TIC schedule that they consider suitable to be taken into consideration. The TIC schedule should set out the nature of each offence, the date of the offence s , relevant detail about the offence s including, for example, monetary values of items and any other brief details that the court should be aware of; a copy of the TIC schedule must be provided to the defendant and his representative if he has one before the sentence hearing. The defendant should sign the TIC schedule to provisionally admit the offences; at the sentence hearing, the court should ask the defendant in open court whether he admits each of the offences on the TIC schedule and whether he wishes to have them taken into consideration; if there is any doubt about the admission of a particular offence, it should not be accepted as a TIC. The court should: Determine the sentencing starting point for the conviction offence, referring to the relevant definitive sentencing guidelines. No regard should be had to the presence of TICs at this stage. Consider whether there are any aggravating or mitigating factors that justify an upward or downward adjustment from the starting point. Factors reducing seriousness or reflecting personal mitigation. Effective from: 01 October Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm First time offenders usually represent a lower risk of reoffending. Reoffending rates for first offenders are significantly lower than rates for repeat offenders. In addition, first offenders are normally regarded as less blameworthy than offenders who have committed the same crime several times already. For these reasons first offenders receive a mitigated sentence. In general the more serious the previous offending the longer it will retain relevance. Effective from: 01 October revised 1 April Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm The court will need to be satisfied that the offender is genuinely remorseful for the offending behaviour in order to reduce the sentence separate from any guilty plea reduction. Lack of remorse should never be treated as an aggravating factor. If a PSR has been prepared it may provide valuable assistance in this regard. Effective from: 01 October revised 1 April Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm Evidence that an offender has demonstrated a positive side to their character may reduce the sentence. This factor may apply whether or not the offender has previous convictions. However : This factor is less likely to be relevant where the offending is very serious Where an offender has used their positive character or status to facilitate or conceal the offending it could be treated as an aggravating factor. Serious medical condition requiring urgent, intensive or long-term treatment. Effective from: 01 October Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm or those inherent in the offence The court can take account of physical disability or a serious medical condition by way of mitigation as a reason for reducing the length of the sentence, either on the ground of the greater impact which imprisonment will have on the offender, or as a matter of generally expressed mercy in the individual circumstances of the case. However, such a condition, even when it is difficult to treat in prison, will not automatically entitle the offender to a lesser sentence than would otherwise be appropriate. There will always be a need to balance issues personal to an offender against the gravity of the offending including the harm done to victims , and the public interest in imposing appropriate punishment for serious offending. A terminal prognosis is not in itself a reason to reduce the sentence even further. The court must impose a sentence that properly meets the aims of sentencing even if it will carry the clear prospect that the offender will die in custody. The prospect of death in the near future will be a matter considered by the prison authorities and the Secretary of State under the early release on compassionate grounds procedure ERCG. Effective from: 01 October revised 1 April Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm Where a person has committed the offence under the age of 18, regard should be had to the overarching guideline for sentencing children and young people. Either or both of these considerations may justify a reduction in the sentence. In particular young adults typically aged are still developing neurologically and consequently may be less able to: evaluate the consequences of their actions limit impulsivity limit risk taking Young adults are likely to be susceptible to peer pressure and are more likely to take risks or behave impulsively when in company with their peers. Mental disorder or learning disability where not taken into account at step one. Effective from: 01 October Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm or those inherent in the offence Refer to the Sentencing offenders with mental disorders, developmental disorders, or neurological impairments guideline. Note in particular paragraph 5 for Black, Asian and Minority Ethnic offenders. Sole or primary carer for dependent relatives. Effective from: 01 October revised 1 April Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm This factor is particularly relevant where an offender is on the cusp of custody or where the suitability of a community order is being considered. Effective from: 01 October revised 1 April Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm or those inherent in the offence Where offending is driven by or closely associated with drug or alcohol abuse for example stealing to feed a habit, or committing acts of disorder or violence whilst drunk a commitment to address the underlying issue including where the offender has actively sought support but, for reasons outside their control, it has not been received may justify a reduction in sentence. The court will be assisted by a PSR in making this assessment. Pregnancy, childbirth and post-natal care. Effective from: 01 April Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm When considering a custodial or community sentence for a pregnant or postnatal offender someone who has given birth in the previous 12 months the Probation Service should be asked to address the issues below in a pre-sentence report. When sentencing a pregnant or postnatal woman, relevant considerations may include: the medical needs of the offender including her mental health needs any effect of the sentence on the physical and mental health of the offender any effect of the sentence on the child The impact of custody on an offender who is pregnant or postnatal can be harmful for both the offender and the child including by separation, especially in the first two years of life. The court should address the issues above when giving reasons for the sentence. Prospects of or in work, training or education. Effective from: 01 April Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm This factor is particularly relevant where an offender is on the cusp of custody or where the suitability of a community order is being considered. The absence of work, training or education should never be treated as an aggravating factor. This field is for validation purposes and should be left unchanged. Our use of cookies We use some essential cookies to make this website work. Cookie settings Accept all cookies Reject additional cookies. Cookie settings Hide this message. You can read more about our cookies Accept all cookies Reject additional cookies. Starting point High level community order. Starting point Low level community order. Offences that obviously fall within the community order band. Offences only just fall below the custody threshold or the custody threshold is crossed but a community order is more appropriate in the circumstances More intensive sentences which combine two or more requirements may be appropriate. Factors indicating that it may be appropriate to suspend a custodial sentence. Realistic prospect of rehabilitation. Immediate custody will result in significant harmful impact upon others.

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