Miscellaneous amendments to sentencing guidelines 2024
Wording relating to community orders in guidelines
The issue
The Council noted that there is some potential conflict between guidance in the Allocation guideline relating to committing cases to the Crown Court even if a community order may be the appropriate sentence, and the wording used in various guidelines that refer to community orders as an alternative to a short custodial sentence. For example, the Possession of indecent photograph of child/ Indecent photographs of children guideline currently states:
Where there is a sufficient prospect of rehabilitation, a community order with a sex offender treatment programme requirement under part 3 of Schedule 9 of the Sentencing Code can be a proper alternative to a short or moderate length custodial sentence.
The Council also noted that the reference to the sex offender treatment programme might not be appropriate in all cases, particularly where the offender is assessed as low risk.
The proposed change
The Council therefore proposes to change this wording to:
Where there is a sufficient prospect of rehabilitation, a community order with programme requirement under part 3 of Schedule 9 of the Sentencing Code (an accredited programme for people convicted of sexual offences) can be a proper alternative to a short or moderate length custodial sentence. Alternatively, in appropriate cases, the probation service may be able to address the offending behaviour through a community order with a rehabilitation activity requirement.
However, if a magistrates’ court is of the opinion that that the offending is so serious that the Crown Court should have the power to deal with the offender, the case should be committed to the Crown Court for sentence even if a community order may be the appropriate sentence (see the Allocation guideline).
This second paragraph would also be added to guidelines where other programme requirements are referenced. For example, the Theft from a shop or stall guideline:
Where the offender is dependent on or has a propensity to misuse drugs or alcohol and there is sufficient prospect of success, a community order with a drug rehabilitation requirement under part 10, or an alcohol treatment requirement 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.
However, if a magistrates’ court is of the opinion that that the offending is so serious that the Crown Court should have the power to deal with the offender, the case should be committed to the Crown Court for sentence even if a community order may be the appropriate sentence (see the Allocation guideline).
The impact
These changes are designed to improve consistency of information and guidance across guidelines and to ensure that the guidance is up to date. The changes will not affect the types of sentence imposed but may have a small impact on the venue of the sentencing. As such, no impact on prison or probation resources is anticipated.