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How does a Court sentence a Burglar?

There are nine steps that are considered when a Court sentences an offender found guilty of burglary.

As a security advisor, my raison d’etre is to help my clientele avoid such events but occasionally security advice is only sought after the offence has been committed.

The impact of a burglary in a residence can have far reaching and long lasting effects on a family who will feel violated and vulnerable for years to come.

For the victims of such crimes, it may be useful to understand how a court processes the impact of the offence and the many smaller but intensifying details of the crime when it considers the punishment that the offender will receive.

The definitive guidelines published by the Sentencing council are measured against three types of burglary

  1. Domestic
  2. Domestic with aggravated circumstances
  3. Non- domestic

In an offence of Domestic Burglary:

Step one considers four factors that are relevant in the crime and will determine outcomes in sentencing:

Factors indicating greater harm

  • Theft of/damage to property causing a significant degree of loss to the victim (whether economic, commercial, sentimental or personal value)
  • Soiling, ransacking or vandalism of property
  • Victim at home or on the premises (or returns) while offender present
  • Significant physical or psychological injury or other
  • significant trauma to the victim
  • Violence used or threatened against victim, particularly involving a weapon
  • Context of general public disorder

Factors indicating lesser harm

  • No physical or psychological injury or other significant trauma to the victim
  • No violence used or threatened and a weapon is not produced

Factors indicating higher culpability

  • Victim or premises deliberately targeted (for example, due to vulnerability or hostility based on disability, race, sexual orientation)
  • A significant degree of planning or organisation
  • Equipped for burglary (for example, implements carried and/or use of vehicle)
  • Weapon present on entry
  • Member of a group or gang

Factors indicating lower culpability

  • Offender exploited by others
  • Mental disorder or learning disability, where linked to the commission of the offence

Step Two

The above factors will give a court a start point for sentencing based on 3 levels;

Category 1 Greater harm and higher culpability9-13 years

Category 2 Greater harm and lower culpability or lesser harm and higher culpability 4 – 9 years

Category 3 Lesser harm and lower culpability 1 – 4 years

Steps 3 – 9 consider various other aspects of the commission and effects of the offence.

Step Three

Consider any factors which indicate a reduction

Step Four

Reduction for guilty pleas

Step Five

Dangerousness. If the aggravated nature of the burglary warrants it, a life sentence can be applied to remove the person deemed to be a continued threat to the public.

Step Six

Totality principle. 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 offending behaviour.

Step Seven

Compensation and ancillary orders

In all cases, courts should consider whether to make compensation and/or other ancillary orders.

Step Eight

Reasons

Section 174 of the Criminal Justice Act 2003 imposes a duty to give reasons for, and explain the effect of the sentence.

Step Nine

Consideration for remand time. Sentencers should take into consideration any remand time served in relation to the final sentence at this final step. The court should consider whether to give credit for time spent on remand in custody or on bail in accordance with sections 240 and 240A of the Criminal Justice Act 2003.

A burglary can be opportunist, committed by a person made desperate by their personal circumstances or an organised crime, committed with extreme violence and gratuitous degradation; the nine step guideline ensures that a convicted burglar receives an appropriate sentence.

The Sentencing guidelines also advise on Fines and community orders. For more details see:

www.sentencingcouncil.org.uk

If you have been a victim of burglary or wish to discuss preventative measures for your home, please contact Rick Mounfield, Eden’s Chartered Security Professional, for impartial advice.

March 1, 2017

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