Guardian
Cases which usually would be dealt with by magistrates courts could now be referred to crown court for tougher sentences
Magistrates are being advised by the courts service to disregard normal sentencing guidelines when dealing with those convicted of offences committed in the context of last week's riots.
The advice, given in open court by justices' clerks, will result in cases that would usually be disposed of in magistrates courts being referred to the crown court for more severe punishment.
It may explain why some of those convicted have received punitive sentences for offences that might normally attract a far shorter term.
In Manchester a mother of two, Ursula Nevin, was jailed for five months for receiving a pair of shorts given to her after they had been looted from a city centre store. In Brixton, south London, a 23-year-old student was jailed for six months for stealing £3.50 worth of water bottles from a supermarket.
The Crown Prosecution Service also issued guidance to prosecutors on Monday, effectively calling for juveniles found guilty of riot-related crimes to be named and shamed. Those dealt with in youth courts are normally not identified. The youngest suspects bought before the courts last week in connection with the riots were an 11-year-old girl and a 12-year-old boy.
The sentencing advice from Her Majesty's Courts and Tribunals Service came to light after the chair of Camberwell Green magistrates court, Novello Noades, claimed that the court had been given a government "directive" that anyone involved in the rioting be given a custodial sentence. She later retracted her statement and said she was mortified to have used the term "directive".
Clarifying what had occurred, HMCTS explained that a senior clerk had circulated instructions to court clerks that they should advise magistrates to consider disregarding normal sentencing guidelines.
"Sentencing is a matter for the independent judiciary," it said. "Under the Criminal Procedure Rules justices' clerks and legal advisers in magistrates courts have a responsibility to give advice to magistrates on sentencing guidelines.
"All advice is given in open court and the parties are entitled to comment. Accordingly magistrates in London are being advised by their legal advisers to consider whether their powers of punishment are sufficient in dealing with some cases arising from the recent disorder.
"Magistrates are independent and not subject to direction from their legal advisers."
The advice was issued last week in the aftermath of the riots. It was given, it is said, to ensure consistency of sentencing across the country. Courts can therefore consider the riots as an aggravating factor in any offence, making stealing from looted shops more serious than conventional shoplifting.
Cases which usually would be dealt with by magistrates courts could now be referred to crown court for tougher sentences
 | |
| David Cameron promises retaliation through stricter sentencing of riot participants |
The advice, given in open court by justices' clerks, will result in cases that would usually be disposed of in magistrates courts being referred to the crown court for more severe punishment.
It may explain why some of those convicted have received punitive sentences for offences that might normally attract a far shorter term.
In Manchester a mother of two, Ursula Nevin, was jailed for five months for receiving a pair of shorts given to her after they had been looted from a city centre store. In Brixton, south London, a 23-year-old student was jailed for six months for stealing £3.50 worth of water bottles from a supermarket.
The Crown Prosecution Service also issued guidance to prosecutors on Monday, effectively calling for juveniles found guilty of riot-related crimes to be named and shamed. Those dealt with in youth courts are normally not identified. The youngest suspects bought before the courts last week in connection with the riots were an 11-year-old girl and a 12-year-old boy.
The sentencing advice from Her Majesty's Courts and Tribunals Service came to light after the chair of Camberwell Green magistrates court, Novello Noades, claimed that the court had been given a government "directive" that anyone involved in the rioting be given a custodial sentence. She later retracted her statement and said she was mortified to have used the term "directive".
Clarifying what had occurred, HMCTS explained that a senior clerk had circulated instructions to court clerks that they should advise magistrates to consider disregarding normal sentencing guidelines.
"Sentencing is a matter for the independent judiciary," it said. "Under the Criminal Procedure Rules justices' clerks and legal advisers in magistrates courts have a responsibility to give advice to magistrates on sentencing guidelines.
"All advice is given in open court and the parties are entitled to comment. Accordingly magistrates in London are being advised by their legal advisers to consider whether their powers of punishment are sufficient in dealing with some cases arising from the recent disorder.
"Magistrates are independent and not subject to direction from their legal advisers."
The advice was issued last week in the aftermath of the riots. It was given, it is said, to ensure consistency of sentencing across the country. Courts can therefore consider the riots as an aggravating factor in any offence, making stealing from looted shops more serious than conventional shoplifting.
Posts
