Clause 154 - Functions of Sentencing Advisory Panel in relation to guidelines

Part of Criminal Justice Bill – in a Public Bill Committee am 5:11 pm ar 6 Chwefror 2003.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Mr James Cran Mr James Cran Ceidwadwyr, Beverley and Holderness 5:11, 6 Chwefror 2003

With this it will be convenient to discuss the following:

New clause 11—Custodial sentences for burglars—

'(1) Anyone convicted of the offence of burglary should be sentenced to a minimum of two years in prison, save for the exceptions given in subsection (2) below.

(2) The court may disregard the mandatory custodial sentence for burglars in subsection (1) above if, and only if—

(a) it is the individual's first conviction for burglary; and

(b) the court judges that the case includes exceptional circumstances, as in subsection (3) below.

(3) ''Exceptional circumstances'' includes—

(a) that the court judges that the defendant is unlikely to reoffend; and

(b) that the offence for which the defendant is found guilty does not include any violent or threatening behaviour or other aggravating features.'.