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| Version 1 | Version 2 |
|---|---|
| Courts adopt burglary sentencing guidelines | Courts adopt burglary sentencing guidelines |
| (about 6 hours later) | |
| New sentencing guidelines on burglary have come into force in courts in England and Wales, with the effect on victims central to determining tariffs. | New sentencing guidelines on burglary have come into force in courts in England and Wales, with the effect on victims central to determining tariffs. |
| Offences will be considered more serious if, for example, a victim is at home when a burglary takes place. | Offences will be considered more serious if, for example, a victim is at home when a burglary takes place. |
| Offenders burgling homes face up to six years in jail, up to five years in non-domestic cases, and up to 13 if armed. | Offenders burgling homes face up to six years in jail, up to five years in non-domestic cases, and up to 13 if armed. |
| Judges must follow the guidelines, unless it is in the interests of justice to depart from them. | Judges must follow the guidelines, unless it is in the interests of justice to depart from them. |
| They state that crown and magistrates' courts must always set a custodial sentence for aggravated burglary, which means a weapon was involved. | They state that crown and magistrates' courts must always set a custodial sentence for aggravated burglary, which means a weapon was involved. |
| The proposals have taken account of the views of the public and victims, who thought domestic burglary should generally result in a custodial sentence but not in every case. | The proposals have taken account of the views of the public and victims, who thought domestic burglary should generally result in a custodial sentence but not in every case. |
| 'Harm and culpability' | 'Harm and culpability' |
| Lord Justice Leveson, chairman of the Sentencing Council for England and Wales, said last year: "We do not recommend every single burglar in every circumstance should go to jail. | Lord Justice Leveson, chairman of the Sentencing Council for England and Wales, said last year: "We do not recommend every single burglar in every circumstance should go to jail. |
| "We advise, consistent with the law, that judges should consider harm and culpability: greater harm and greater culpability always jail, but lesser harm and lesser culpability, not necessarily. | "We advise, consistent with the law, that judges should consider harm and culpability: greater harm and greater culpability always jail, but lesser harm and lesser culpability, not necessarily. |
| "The crime of burglary is not simply a crime against property, it is a crime against the person." | "The crime of burglary is not simply a crime against property, it is a crime against the person." |
| The council said the lowest level of offenders, for whom a non-custodial community sentence might be appropriate, could include those with no previous convictions who did not force entry and took goods of low value. | The council said the lowest level of offenders, for whom a non-custodial community sentence might be appropriate, could include those with no previous convictions who did not force entry and took goods of low value. |
| Its guidelines are the first overall advice for sentencing for the different types of burglary offences. | Its guidelines are the first overall advice for sentencing for the different types of burglary offences. |