Miscellaneous amendments to sentencing guidelines 2024
Allocation guideline
The issue
The Council considered that it would be helpful to make some changes to the Allocation guideline to:
- update the legislative references
- change ‘youths’ to ‘children’ (see also the proposed changes to the Sentencing children and young people guideline later in this consultation)
- clarify wording relating to community orders in the Committal for sentence section
- add a reference to the Criminal Practice Directions in the Committal for sentence section (see also the proposed changes relating to very large organisations below)
- embed legislative references in the text (rather than use footnotes)
- provide additional information by way of an Annex.
In doing so, the Council also considered that it would be helpful to rename the guideline ‘Allocation and committal for sentence’.
The proposed changes
Rename the guideline: ‘Allocation and committal for sentence’
Amend the Applicability dropdown to read:
Applicability
In accordance with section 122(2) of the Coroners and Justice Act 2009, the Sentencing Council issues this definitive guideline. It applies to all defendants in the magistrates’ court (including children jointly charged with adults) whose cases are dealt with on or after 1 March 2016.
It also applies to allocation decisions made in the Crown Court pursuant to section 46ZA of the Senior Courts Act 1981 and section 25A of the Sentencing Code.
It will not be applicable in the youth court where a separate statutory procedure applies.
Amend the Committal for sentence section to read:
Committal for sentence
There is ordinarily no statutory restriction on committing an either way case for sentence following conviction. The general power of the magistrates’ court to commit to the Crown Court for sentence after a finding that a case is suitable for summary trial and/or conviction continues to be available where the court is of the opinion ‘that the offence or the combination of the offence and one or more offences associated with it was so serious that the Crown Court should have the power to deal with the offender in any way it could deal with him if he had been convicted on indictment’ (Sentencing Code s.14).
In cases involving very large fines the court should have regard to the relevant practice direction (CPD 5.16).
However, where the court proceeds to the summary trial of certain offences relating to criminal damage, upon conviction there is no power to commit to the Crown Court for sentence (Magistrates’ Courts Act 1980, s.22 and Sch. 22)
The court should refer to any definitive guideline to arrive at the appropriate sentence taking into account all of the circumstances of the case including personal mitigation and the appropriate guilty plea reduction.
In borderline cases the court should consider obtaining a pre-sentence report before deciding whether to commit to the Crown Court for sentence.
Where the offending is so serious that the court is of the opinion 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 (this will allow the Crown Court to deal with any breach of a community order or offence committed during such an order, if that is the sentence passed).
The Council also proposes to add an annex to the guideline setting out the powers to commit adult offenders for sentence. This will not form part of the guideline but will be provided for information only. The proposed content is:
|
Description of power |
Type of offence |
Statutory provision |
|
Magistrates’ court is of the opinion that the offence (or combination of offences) is so serious that the Crown Court should have power to deal with it |
Either Way |
Sentencing Code, s.14(1), (2) |
|
Specified violent, sexual or terrorism offence and the magistrates’ court is of the opinion that an extended sentence would be available |
Either way |
Sentencing Code, s.15(1), (2) (and Sch.17 for specified offences) |
|
Serious terrorism offence and the magistrates’ court is of the opinion that the circumstances are such that a serious terrorism sentence may be required to be imposed |
Either way |
Sentencing Code, s.15(1A), (2) (and Sch.17A for serious terrorism offences) |
|
Guilty plea to offence which is related to one or more offences sent to the Crown Court for trial Where the court commits for sentence under this provision and it is of the opinion that it also has the power under section 14(2) or 15(2) it may make a statement to that effect: see s.18(4). If no such statement is made, the powers of the Crown Court are limited to those of the magistrates’ court: see s.21(4), (5). |
Either way |
Sentencing Code, s.18(1) |
|
Summary only or either way offence committed in breach of conditional discharge made by the Crown Court |
Summary only or either way |
Sentencing Code, Sch.2 para.5(4) |
|
Summary only or either way offence committed while community order made by the Crown Court is in force |
Summary only or either way |
Sentencing Code, Sch.10, para.24(2) |
|
Summary only or either way offence committed while suspended sentence made by the Crown Court is in force |
Summary only or either way |
Sentencing Code, Sch.16, para.11(2) |
|
Conditions for making a hospital order are satisfied and it appears to magistrates’ court that a restriction order should also be made |
Summary only or either way |
Mental Health Act 1983, s.43 |
|
Offender convicted of absconding whilst released on bail |
|
Bail Act 1976, s.6(6) |
|
Offender convicted of agreeing to indemnify sureties |
|
Bail Act 1976, s.9(3) |
|
Offender deemed to be an incorrigible rogue |
|
Vagrancy Act 1824 |
|
Magistrates’ court commits offender for sentence for an either way offence under any of the powers above and the court has the power to deal with offender in respect of another summary only or either way offence, it may also commit that other offence for sentence Where the magistrates’ court commits an either way offence for sentence under this provision, the powers of Crown Court are limited to those of the magistrates’ court: see s.23 |
Either way |
Sentencing Code, s.20(2) |
|
Magistrates’ court commits offender for sentence for a summary only offence under any of the powers above and the court has the power to deal with offender in respect of another summary only or either way offence, it may also commit that other offence for sentence provided that it is
Where the magistrates’ court commits an either way offence for sentence under this provision, the powers of Crown Court are limited to those of the magistrates’ court: see s.23 |
Summary only |
Sentencing Code, s.20(4) |
|
Summary only or either way offence and request by prosecution with a view to consideration of confiscation order Where the court commits an either way offence for sentence under this provision and it could have committed for sentence under section 14(2) it must state whether it would have done so. If no such statement is made that it would have done so, the powers of the Crown Court are limited to those of the magistrates’ court: see s.71(5). |
Summary only or Either way |
Proceeds of Crime Act 2002, s.70 |
The impact
These changes which are designed to assist sentencers and prevent errors will not have an impact on prison or probation resources.