Offences for which penalty notices are available, 5. } color:#ffffff; An offender who has voluntarily consumed drugs and/or alcohol must accept the consequences of the behaviour that results, even if it is out of character. Maximum sentence for the aggravated offence on indictment is 7 years custody (maximum when tried summarily is 6 months custody), Care should be taken to avoid double counting factors already taken into account in assessing the level of harm at step one. However, such a condition, even when it is difficult to treat in prison, will not automatically entitle the offender to a lesser sentence than would otherwise be appropriate. Examples may include, but are not limited to, posts of images on social media designed to cause additional distress to the victim. In cases involving significant persistent offending, the community and custody thresholds may be crossed even though the current offence normally warrants a lesser sentence. The level of culpability is determined by weighing up all the factors of the case. Identify whether any combination of these, or other relevant factors, should result in an upward or downward adjustment from the starting point. Numerous and frequent previous convictions might indicate an underlying problem (for example, an addiction) that could be addressed more effectively in the community and will not necessarily indicate that a custodial sentence is necessary. The court must consider whether to give credit for time spent on bail in accordance with section 240A of the Criminal Justice Act 2003. font-size:16pt; Destruction orders and contingent destruction orders for dogs, 9. Aggravated nature of the offence caused some distress to the victim or the victims family. E+W. These examples are not exhaustive and do not necessarily indicate that abuse of trust is present. Automatic orders on conviction for sexual offences, Additional note: Availability of ancillary orders, 1. (ii) section 18 (wounding with intent to cause grievous bodily harm); (iv) section 23 (administering poison etc); (v) section 28 (causing bodily injury by explosives); (vi) section 29 (using explosives etc with intent to do grievous bodily harm); (vii) section 47 (assault occasioning actual bodily harm); (b) an offence under section 3 of the Sexual Offences Act 2003 (sexual assault); (e) an inchoate offence in relation to any of the preceding offences. font-size:12pt; Category range 3 years 4 years 6 months custody, Category range High level community order 2 years custody, Category range Medium level community order 1 years custody. The court must determine whether the weapon or weapon equivalent is highly dangerous on the facts and circumstances of the case. The guidelines will come into effect on 1 July 2021. Forfeiture or suspension of liquor licence, 24. Section 174 of the Criminal Justice Act 2003 imposes a duty to give reasons for, and explain the effect of, the sentence. In order to determine the category the court should assess culpability and harm.