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 breachBreach 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
Sentencing Children and Young People: Definitive Guideline, 2017, para 6.45Sentencing Children and Young People: Definitive Guideline, 2017, para 6.46Sentencing Children and Young People: Definitive Guideline, 2017, para 6.47