Sexual assault
Sexual Offences Act 2003, ss.3 and 7 (sexual assault of child under 13)
Triable either way:
Maximum when tried summarily: Level 5 ine and/or 6 months Maximum when tried on indictment: 10 years (s.3), 14 years (s.7)
This guideline is taken from the Sentencing Guidelines Council’s deinitive guideline Sexual Offences Act 2003, published 30 April 2007
Identify dangerous offenders
These are serious offences for the purposes of the public protection provisions in the Criminal Justice Act 2003 – refer to page 187 and consult legal adviser for guidance
Offence seriousness (culpability and harm)
A. Identify the appropriate starting point
Starting points based on irst time offender pleading not guilty
Examples of nature of activity |
Starting point |
Range |
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Contact between part of offender’s body |
26 weeks custody if the victim |
4 weeks custody to Crown |
(other than the genitalia) with part of the |
is under 13 |
Court |
victim’s body (other than the genitalia) |
Medium level community order |
Band C ine to 6 weeks |
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if the victim is aged 13 or over |
custody |
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Contact between naked genitalia of offender |
Crown Court if the victim is |
Crown Court |
and another part of victim’s body |
under 13 |
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Contact with naked genitalia of victim by |
Crown Court if the victim is |
26 weeks custody to Crown |
offender using part of his or her body other |
aged 13 or over |
Court |
than the genitalia, or an object |
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Contact between either the clothed genitalia |
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of offender and naked genitalia of victim |
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or naked genitalia of offender and clothed |
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genitalia of victim |
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Contact between naked genitalia of offender |
Crown Court |
Crown Court |
and naked genitalia, face or mouth of the |
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victim |
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94 |
Effective from 4 August 2008 |
Offence seriousness (culpability and harm)
B. Consider the effect of aggravating and mitigating factors (Other than those within examples opposite)
Common aggravating and mitigating factors are identiied in the pullout card – the following may be particularly relevant but these lists are not exhaustive
Factors indicating higher culpability
1.Background of intimidation or coercion
2.Use of drugs, alcohol or other substance to facilitate the offence
3.Threats to prevent the victim reporting the incident
4.Abduction or detention
5.Offender aware that he or she is suffering from a sexually transmitted infection
6.Prolonged activity or contact
Factors indicating greater degree of harm
1.Offender ejaculated or caused victim to ejaculate
2.Physical harm caused
Factors indicating lower culpability
1.Youth and immaturity of the offender
2.Minimal or leeting contact
Where the victim is aged 16 or over
3.Victim engaged in consensual activity with the offender on the same occasion and immediately before the offence
Where the victim is under 16
4.Sexual activity between two children (one of whom is the offender) was mutually agreed and experimental
Form a preliminary view of the appropriate sentence, then consider offender mitigation
Common factors are identiied in the pullout card
Consider a reduction for a guilty plea
Consider ancillary orders, including compensation
Refer to pages 168-174 for guidance on available ancillary orders
Decide sentence
Give reasons
Note
(a)In accordance with section 80 and schedule 3 of the Sexual Offences Act 2003, automatic notiication requirements apply upon conviction to an offender aged 18 or over where:
(1)the victim was under 18; or
(2)a term of imprisonment or a community sentence of at least 12 months is imposed.
Effective from 4 August 2008 |
95 |
Social security beneit, false statement/representation to obtain
Social Security Administration Act 1992, s.112 (makes statement/representation known to be false)
Triable only summarily:
Maximum: Level 5 ine and/or 3 months
For offences under s.111A, refer to guideline Fraud – banking and insurance fraud and obtaining credit through fraud, beneit fraud and revenue fraud at pages 62b-62e.
Offence seriousness (culpability and harm)
A. Identify the appropriate starting point
Starting points based on irst time offender pleading not guilty
Examples of nature of activity |
Starting point |
Range |
Claim fraudulent from the start, up to £5,000 |
Medium level community order |
Band B ine to high level |
obtained |
|
community order |
Offence seriousness (culpability and harm)
B. Consider the effect of aggravating and mitigating factors (other than those within examples above)
Common aggravating and mitigating factors are identiied in the pullout card – the following may be particularly relevant but these lists are not exhaustive
Factors indicating higher culpability
1.Offending carried out over a long period
2.Offender acting in unison with one or more others
3.Planning
4.Offender motivated by greed or desire to live beyond his/her means
5.False identities or other personal details used
6.False or forged documents used
7.Oficial documents altered or falsiied
Factors indicating lower culpability
1.Pressurised by others
2.Claim initially legitimate
Factor indicating lesser degree of harm
1. Voluntary repayment of amounts overpaid
Form a preliminary view of the appropriate sentence, then consider offender mitigation
Common factors are identiied in the pullout card
Consider a reduction for a guilty plea
Consider ancillary orders, including compensation
Refer to pages 168-174 for guidance on available ancillary orders
Decide sentence
Give reasons
Note
A maximum of £5,000 compensation may be imposed for each offence of which the offender has been convicted. The above guidelines have been drafted on the assumption that, in most cases, the Department for Work and Pensions will take separate steps to recover the overpayment.
96 |
Effective from 26 October 2009 |
Tax Credits Act 2002, s.35 |
Tax credit fraud |
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Triable either way:
Maximum when tried summarily: Level 5 ine and/or 6 months
Maximum when tried on indictment: 7 years
Refer to guideline Fraud – banking and insurance fraud and obtaining credit through fraud, beneit fraud and revenue fraud at pages 62b-62e
Effective from 26 October 2009 |
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