Sentencing Guidelines

Sentencing Guidelines are issued by the Sentencing Council. Prior to April 2010 the Sentencing Guidelines Council issued guidelines, and these remain in force. For offences committed on or after 6th April 2010, a court must apply the relevant guideline unless it is contrary to the interests of justice to do so. In respect to offences committed prior to 6th April 2010, SI 2011/722 sets out the position. As at 26 January 2011, 19 guidelines have been issued

In R v Anigbgu and others the Court of Appeal said:

'...the jurisdiction of the Court of Appeal Criminal Division to amplify, to explain or to offer a definitive sentencing guideline of its own, to issue guidelines if it thinks fit, is undiminished.  The relevant statutory provisions emphasise the obvious truth that no sentence should be an unjust sentence and that no guideline can require that an unjust sentence should be imposed.'

In R v Thornley (January 2011) the court upheld a departure from the manslaughter guideline on the ground that significant changes to the law had taken place since the guideline was settled in 2005.

In R v Grant (March 2011) the court observed that the '...offending [fell] in a category of its own way above anything envisaged in the definitive sentencing guidelines.'

Links to relevant guidelines:

Assault, Attempted murder, breach of a protective order, breach of anti-social behaviour order, causing death by driving, corporate manslaughter, failing to surrender to bail, magistrates' court sentencing guidelines, manslaughter by reason of provocation, Robbery, Fraud, Sexual offences, Theft and burglary other than in a dwelling

View a full list of the current guidelines here

The Sentencing Council is currently consulting on a new guideline for Drugs Offences, view it here.

The Sentencing Council is currently consulting on a new guideline for burglary offences, view it here.

CPS Sentencing Manual

The Crown Prosecution Service has prepared comprehensive sentencing guidance that is of use to both prosecution and defence advocates.

You can access it here.