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Robbery court guidelines

by Mark Rowe

The Sentencing Council has announced new court sentencing guidelines for robbery offences. They cover from a street mugger to a gang guilty of a major heist, in England and Wales. These comprise:

Street robbery and less sophisticated commercial robbery, which make up by far the largest proportion of offences. They cover crimes in public places generally, such as parks, stations, public transport, small businesses and shops.

Professionally planned commercial robbery, which would include crimes such as a heist at a luxury jewellers or a security depot.

Robbery in a home, which is for example, when an offender who has been invited into someone’s house then steals property from them whilst using violence or threats of violence.

It is important to note the distinction between robbery and other kinds of acquisitive offences such as theft and burglary. Robbery always involves the use or threat of force. Theft involves taking someone’s property but does not involve the use or threat of force. Burglary means illegally entering a property in order to steal property from it.

The previous guidelines did not include any detailed guidance on robberies in people’s homes or professionally planned commercial robberies and so the new guidelines will be used to sentence a wider range of offending, the council says.

While the council has not set out to increase sentence levels, the new guidelines reflect the increases in sentence levels that have occurred over recent years. The increases have come about as case law has made clear that offences involving knives must focus on deterrence.

This approach also reflects society’s concerns about the problem of robberies involving the use of knives and guns, aiming to ensure that robbers who use these weapons – or threaten people with them – get the longest sentences.

The use of any weapon to commit violence and use of significant force whether with or without a weapon are also considered to be factors that put the offence at the highest level of culpability.

The guideline also aims to ensure that the full impact of robbery on victims is taken into account, directing sentencers to take into account both physical injuries and psychological harm. Robbery is inherently a violent crime, with effects greater than just the loss of property. Serious harm to the victim will put an offender in the highest possible category of harm.

At consultation, some felt that it was unclear whether some robberies that take place on the street, but targeting commercial property, such as the robbery of a pizza delivery driver, would fall under the street or commercial robbery guideline. The council amended the structure so that street robbery and less sophisticated commercial robbery are combined and professionally planned commercial robbery and dwelling robbery are separate.

Chairman of the Sentencing Council, Lord Justice Treacy, said: “We want to ensure that judges have comprehensive guidelines that help them sentence the great variety of offenders they have to deal with, which can include anything from a street mugging to a major robbery by an organised gang. Through these guidelines, we want to reflect the public’s concerns about crime involving guns and knives, so we are emphasising that those robbers who use such weapons to commit offences will face the longest sentences.

“We also aim to ensure that the impact on victims is properly taken into account – robbery is not just about losing property. Victims can be seriously injured or traumatised, so we want an assessment of the level of harm to the victim to be central to judges’ decisions about what sentence an offender should get.”

Richard Barron, chief executive of NABCP (National Association of Business Crime Partnerships) said: “We are pleased that our contribution to this consultation has been reflected in the updated guidance which should provide more support to victims. It is worth noting on page 10 that a breach of a banning order is regarded as high culpability thus aggravating the offence. Matters of harm and seriousness are now quite transparent but will require effective victim impact statements to be completed and submitted to the court. Prevalence and the use of community impact statements assume greater importance in the sentencing process. We hope that partnership crime managers will be able to use their knowledge to provide the courts with the required supporting evidence about the offender and the effect on victims.”

The guideline will be used in courts in England and Wales from April 2016. Visit http://www.sentencingcouncil.org.uk.

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