New sentencing guideline for breach of a criminal behaviour order
The Sentencing Council have published a new sentencing guideline for breach of a Criminal Behaviour Order, effective from 1 October 2018.
Details
The guideline sets out the categories of harm and levels of culpability which must be used to reach the correct sentence.
| Culpability | |
| A | Very serious or persistent breach |
| B | Deliberate breach falling between A and C |
| C | Minor breach Breach just short of reasonable excuse |
| Harm | |
| Category 1 | Breach causes very serious harm or distress Breach demonstrates a continuing risk of serious criminal and/or anti‑social behaviour |
| Category 2 | Cases falling between categories 1 and 3 |
| Category 3 | Breach causes little or no harm or distress Breach demonstrates a continuing risk of minor criminal and/or anti-social behaviour |
| Harm | Culpability | ||
| A | B | C | |
| Category 1 | Starting point 2 years’ custodyCategory range 1 – 4 years’ custody |
Starting point 1 year’s custodyCategory range High level community order – 2 years’ custody |
Starting point 12 weeks’ custodyCategory range Medium level community order – 1 year’s custody |
| Category 2 | Starting point 1 year’s custodyCategory range High level community order – 2 years’ custody |
Starting point 12 weeks’ custodyCategory range Medium level community order – 1 year’s custody |
Starting point High level community orderCategory range Low level community order – 26 weeks’ custody |
| Category 3 | Starting point 12 weeks’ custodyCategory range Medium level community order – 1 year’s custody |
Starting point High level community orderCategory range Low level community order – 26 weeks’ custody |
Starting point Medium level community orderCategory range Band B fine – High level community order |
NOTE: A Conditional Discharge MAY NOT be imposed for breach of a criminal behaviour order.
This is an adult guideline, the starting point for sentencing children for a breach of a CBO will be the Sentencing Children and Young People: Definitive Guideline. ‘Only if the court is satisfied that the offence crosses the custody threshold, and that no other sentence is appropriate, the court may, as a preliminary consideration, consult the equivalent adult guideline in order to decide upon sentence length.'1
‘When considering the relevant adult guideline, the court may feel it appropriate to apply a sentence broadly within the region of half to two thirds of the adult sentence for those aged 15 – 17 and allow a greater reduction for those aged under 15. This is only a rough guide and must not be applied mechanistically.'2 [emphasis added]
Courts are given a wide discretion and encouraged to give greatest consideration to individual factors and may depart from the adult sentencing guidance.3