Sentencing Manual
Revised 20/03/2013
The CPS Sentencing Manual has been designed as a source of information for advocates to assist them with trial preparation, in particular when addressing the court at the sentencing hearing. It consists of templates, grouped by subject headings, based on the chapter headings in Archbold, and provides sentencing guidance on the most commonly encountered offences. It is intended to complement established texts on sentencing, such as Current Sentencing Practice.
Each template signposts the advocate to relevant sentencing guidelines or guideline cases; gives details of statutory limitations and maximum sentences; identifies potential aggravating and mitigating factors for a given offence; and highlights relevant ancillary orders, or other provisions relevant to sentence.
The Manual is also a tool to assist the reviewing lawyer to complete the Plea and Sentence Document (PSD) when one is required under the Attorney General's Guidelines on the Acceptance of Pleas and the Prosecutor's Role in the Sentencing Exercise. It is an aide to both reviewing lawyers and prosecution advocates in meeting the standard of service in relation to the sentencing process set out in Standard 9 of the Core Quality Standards .
By providing a consistent standard of sentencing assistance to the court, the CPS aims to reduce the number of erroneous sentences being passed and thereby reduce the number of cases referred to the Court of Appeal (Criminal Division).
Administration of Justice Offences
- Contempt of Court (S14 Contempt of Court Act 1981)
- Escape (common law)
- Perjury (S1 Perjury Act 1911)
- Perverting the course of justice (common law)
- Witness intimidation (S51 Criminal Justice and Public Order Act 1994)
Criminal Damage Offences
Criminal Damage Act
- Arson - simple
- Arson - reckless as to whether life endangered
- Arson - with intent to endanger life
- Damage - simple
- Damage with intent or being reckless to endanger life
- Threats to damage property
- Possession with intent to damage
Computer Misuse Act
- Unauthorised access to computer material
- Unauthorised access to a computer with intent to commit an offence
- Unauthorised modification of computer material
Malicious Damage Act
Drugs Offences
- Permitting premises to be used for drug related offences
- Culitvation or production of cannabis
- Importation of drugs
- Possession of a controlled drug
- Production of controlled drug
- Supplying or offering to supply a controlled drug
Explosives Offensives
- Communicating a bomb hoax
- Explosive Substances Act S2: Causing explosion likely to endanger life or property
- Explosive Substances Act S3: Attempt to cause explosion or conspiracy to cause explosion or making or keeping explosive with intent to endanger life or property
- Explosive Substances Act S4: Making or possessing explosives
Financial Crime Offences
- Bribery (common law)
- Conspiracy to defraud (common law)
- Cheating The Public Revenue (Common Law)
- Destroying, defacing or concealing a valuable securty (S20(1) Theft Act 1968)
- Dishonestly retaining a wrongful credit (S24A Theft Act 1968)
- Evading liability by deception (S2 Theft Act 1978)
- False accounting (S17 Theft Act 1968)
- Fraud by abuse of position (S4 Fraud Act 2006)
- Fraud by failing to disclose information (S3 Fraud Act 2006)
- Fraud by false representation (S2 Fraud Act 2006)
- Fraudulent trading (S993 Companies Act 2006)
- Making or supplying article for use in fraud (S7 Fraud Act 2006)
- Misleading statements and practices (S397 Financial Services and Markets Act 2000)
- Obtaining a money transfer by deception (S15A Theft Act 1968)
- Obtaining execution of a valuable security by deception (S20(2) Theft Act 1968)
- Obtaining property by deception (S15 Theft Act 1968)
- Obtaining services by deception (S1 Theft Act 1978)
- Obtaining services dishonestly (S11 Fraud Act 2006)
- Participating in a fraudulent business carried on by a sole trader (S9 Fraud Act 2006)
- Possession of articles for use in fraud (S6 Fraud Act 2006)
Forgery Offences
- Conspiracy to defraud (common law)
- Copying a false instrument
- Custody or control of a false instrument
- Custody or control of a false instrument with intent
- Custody or control of equipment
- Custody or control of equipment with intent
- Fraud
- Fraud by false representation (S2 Fraud Act 2006)
- Making a false instrument
- Making / having possession / control of apparatus or article designed or adapted for making false identity documents, with prohibited intent
- Making or supplying articles for use in a fraud
- Obtaining a pecuniary advantage by deception (S16 Theft Act 1968)
- Obtaining services dishonestly
- Possession of articles for use in a fraud
- Possession of False Identity Documents
- Possession of False Identity Documents With Improper Intent
- Using a copy of a false instrument
- Using a false instrument
Homicide
- Attempted Murder
- Conspiracy to murder
- Corporate Manslaughter
- Infanticide
- Involuntary manslaughter
- Manslaughter - Diminished responsibility
- Manslaughter - Gross Negligence
- Manslaughter - Provocation
- Manslaughter - Suicide pact
- Manslaughter - Unlawful Act
- Murder
- Soliciting to murder
Offences against the person
- Assault ocassioning actual bodily harm
- Assault occasioning Actual Bodily Harm - (pre June 2011 edition)
- Assaults on Children
- Assault with intent to resist arrest
- Assault with intent to resist arrest - (pre June 2011 edition)
- Attempted murder
- Child abduction
- Common assault
- Common Assault - (pre June 2011 edition)
- Cruelty to a child
- Harassment
- Kidnapping - false imprisonment
- Police Assault
- Racially or religiously aggravated wounding or inflicting grievous bodily harm
- Racially or religiously aggravated Grievous Bodily Harm (GBH) - (pre June 2011 edition)
- Racially or religiously aggravated actual bodily harm
- Racially or Religiously Aggravated Actual Bodily Harm (ABH) - (pre June 2011 edition)
- Racially or religiously aggravated common assault
- Racially or Religiously Aggravated Common Assault - (pre June 2011 edition)
- Racially or religiously aggravated harassment
- Soliciting to murder
- Threats to kill
- Wounding or inflicting grievous bodily harm
- Wounding or inflicting Grievous Bodily Harm (GBH) - (pre June 2011 edition)
- Wounding or inflciting grievous bodily harm with intent
- Wounding or inflicting Grievous Bodily Harm (GBH) with intent - (pre June 2011 edition)
Offensive weapons
Offensive weapons - Firearms
- Section 1 Firearms Act 1968
- Section 2 Firearms Act 1968
- Section 3 Firearms Act 1968
- Section 4 Firearms Act 1968
- Section 5 Firearms Act 1968
- Section 16 Firearms Act 1968
- Section 16a Firearms Act 1968
- Section 17 Firearms Act 1968
- Section 18 Firearms Act 1968
- Section 19 Firearms Act 1968
- Section 20 Firearms Act 1968
- Section 21 Firearms Act 1968
- Section 22(2) Firearms Act 1968
- Section 23(4) Firearms Act 1968
- Section 23(1) Firearms Act 1968
- Section 24(1) Firearms Act 1968
- Section 24(2) Firearms Act 1968
- Section 24(3) Firearms Act 1968
- Section 24(4) Firearms Act 1968
- Section 24ZA Firearms Act 1968
- Section 25 Firearms Act 1968
- Section 28 Violent Crime Reduction Act 2006
- Section 36 Violent Crime Reduction Act 2006
Public morals
Public nuisance
Public order
Revenue Offences
- Cheating the Revenue (contrary to common law)
- Conduct amounting to an offence
- Evasion of Excise Duty
- False Accounting
- False Statement for VAT Purposes
- Fraud
- Fraudulent Conduct to Obtain Tax Credits
- Fraudulent Evasion of Duty
- Fraudulent Evasion of Income Tax
- Fraudulent Evasion of VAT
- Improper importation of Goods
- Taking Steps with a view to Fraudulently Evading Excise Duty
Road traffic offences
- Dangerous driving
- Death by careless driving under the influence
- Death by careless or inconsiderate driving
- Death by dangerous driving
- Causing death by driving unlicensed, disqualified or uninsured
Sexual offences
Criminal Justice and Immigration Act 2008 - s63
Possession s160 Criminal Justice Act 1988
Taking, distributing, publishing or possession with a view to distribute or show - s1 of the Protection of Children Act, 1978.
Sexual Offences Act 1956 s33A inserted by s55 of the Sexual Offences Act 2003
Sexual Offences Act 2003
- S1. Rape
- S2. Sexual assault by penetration
- S3. Sexual assault
- S4. Causing sexual activity
- S5. Rape of child under 13
- S6. Assault of a child under 13 by penetration
- S7. Sexual assault of a child under 13
- S8. Causing or Inciting a child under 13 to engage in sexual activity
- S9 and S13 Sexual Activity with a child - youth
- S9. Sexual activity with a child
- S10 and 13. Causing or inciting a child to engage in sexual activity - youth
- S10. Causing or inciting a child to engage in sexual activity
- S11 and 13. Engaging in sexual activity in presence of child - youth
- S11. Engaging in sexual activity in presence of child
- S12 and 13. Causing child to watch sexual act - youth
- S12. Causing child to watch sexual act
- S14. Arranging child sex offence
- S15. Grooming
- S16 Abuse of a position of trust: Sexual activity with a child
- S 17. Abuse of a position of trust: Causing or inciting a child to engage in Sexual Activity
- S18. Abuse of a position of trust: Sexual Activity in the Presence of a child
- S19. Abuse of a position of trust: Causing a child to watch a Sex Act
- S25. Sexual activity with a child family member (Adult Defendant only)
- S25. Sexual activity with a child family member (YOUTH only)
- S26. Inciting a child family member to engage in sexual activity (Adult Defendant only)
- S26. Inciting a child family member to engage in sexual activity (YOUTH only)
- S30. Sexual Activity with a person with a mental disorder impeding choice
- S31. Causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity
- S32. Engaging in sexual activity in the presence of a person with a mental disorder impeding choice
- S33. Causing a person, with a mental disorder impeding choice, to watch a sexual act
- S34. Inducement, threat or deception to procure sexual activity with a person with a mental disorder
- S35. Causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception
- S36. Engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder
- S37. Causing a person with a mental disorder to watch a sexual act by inducement, threat or deception
- S38. Care workers: sexual activity with a person with a mental disorder
- S39. Care workers: causing or inciting sexual activity
- S40. Care workers: sexual activity in the presence of a person with a mental disorder
- S41. Care workers: causing a person with a mental disorder to watch a sexual act
- S47. Paying for sexual services of a child
- S48. Causing or inciting child prostitution or pornography
- S49. Controlling a child prostitute or a child involved in pornography
- S50. Arranging or facilitating child prostitution or pornography
- S52. Causing or inciting prostitution for gain
- S53. Controlling prostitution for gain
- S57, S58, S59. Trafficking into the UK for sexual exploitation (S57); Trafficking within the UK for sexual exploitation (S58); Trafficking out of the UK for sexual exploitation (S59).
- S61. Administering a substance with intent
- S62. Committing an offence with intent to commit a sexual offence
- S63. Trespass with intent to commit a sexual offence
- S64 & 65. Sex with an adult relative: penetration (S64) and Sex with an adult relative: consenting to penetration (S65)
- S66. Exposure
- S67. Voyeurism
- S69. Intercourse with an animal
- S70. Sexual penetration of a corpse
- S71. Sexual activity in a public lavatory
- S91. Offences relating to notification
- S113. Breach of SOPO or interim SOPO
- S122. Breach of foreign travel order
- S128. Breach of RSHO or interim RSHO
Theft
Fraud Act
- S2 Fraud by false representation
- S3 Fraud by failing to disclose
- S4 Fraud by abuse of position
- S11 Obtaining services dishonestly
Theft Act
- S1 Theft - general
- S 1 Theft - breach of trust
- S1 Theft from person
- S1 Theft from shop
- S1 Theft in a dwelling
- S1 Obtaining services by deception
- S2 Evading liability by deception
- S8 Robbery
- S8(2) Assault with intent to rob
- S9 Burglary - dwelling
- S 9 Burglary - non-dwelling
- S10 Aggravated burglary
- S12A(2)(a) or (b) Aggravated vehicle taking - dangerous driving/death/injury
- S12A(2)(c) or (d) Aggravated vechile taking - damage to property
- S13 Abstracting electricity
- S15 Obtaining by deception - benefit fraud
- S15 Obtaining by deception - cheques
- S15 Obtaining by deception - cloned cards
- S1 5 Obtaining by deception - commercial
- S 15 Obtaining by deception - false works
- S15 Obtaining by deception - general
- S15 Obtaining by deception - insurance
- S15 Obtaining by deception - mortgage fraud
- S15 Obtaining by deception - property
- Obtaining a Pecuniary Advantage by Deception
- S2 1(1) Blackmail - commercial
- S21(1) Blackmail - debt enforcement
- S21(1) Blackmail - sexual
- S22 Handling stolen goods
