The guidelines, issued this week to all courts in England and Wales and due to take effect on 1 October, are the first to be given for arson and criminal damage cases. Currently, there are none available for the Crown Court and only limited guidance for magistrates on these types of cases.
Sentencing guidelines must be followed unless the judge or magistrate believes it is not in the interests of justice to do so.
The type of property damaged as well as level of damage caused will affect sentencing, for example, more severe penalties will be imposed for vandalism on national heritage assets such as listed buildings and historic objects. Other factors include the social or economic impact where public amenities are damaged, such as a train station, and the effect on communities when emergency services or resources are diverted to deal with firebugs.
In order to assess culpability, judges and magistrates will be able to request reports into whether the offence is linked to a mental disorder or learning disability. In 2017, about 20 offenders (roughly 5%) sentenced for arson had a mental health order attached to their sentence.
Sentencing Council member Judge Sarah Munro QC said the guidelines ‘ensure that courts can consider all the consequences of arson and criminal damage offences, from a treasured family photo being destroyed to someone nearly losing their life and home in a calculated and vengeful arson attack’.
Justice Minister Robert Buckland said: ‘Beyond the financial cost to victims, arson and criminal damage are serious offences which can risk lives and leave lasting psychological harm. So it is right that courts have clear and consistent guidance when sentencing offenders to ensure punishments properly fit the crime.’
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