The first guideline, published this week by the Sentencing Council, covers blackmail under the Theft Act 1968, which generally involves demands for money or other property coupled with threats to the victim.
The guideline recognises the psychological harm and distress caused. It suggests a range of four to ten years in custody for the most serious offences in terms of culpability and harm, such as repeated or prolonged conduct, sophisticated planning, use of violence and deliberate targeting of particularly vulnerable victims. A high-level community order may be imposed for the least serious offences, for example, where the property demanded would ‘represent a limited loss’ to the victim.
Under the second guideline, on the common law offences of kidnap or false imprisonment, individuals may receive a high-level community order for the least serious levels of offence, and up to 16 years’ custody where there is high culpability and the highest level of harm.
The guideline allows the courts to recognise that false imprisonment in particular often occurs within the context of domestic abuse.
Sentencing Council member Mrs Justice May said the offences ‘are personal in nature, can leave victims feeling distressed and violated, and are often committed in cases involving domestic abuse.
‘The new guidelines from the Sentencing Council will enable the courts to take a consistent approach to sentencing these offences and help them pass sentences that recognise the full extent of the devastating impact these crimes can have on victims’ lives.’
The Sentencing Council consulted on the draft guidelines last January, receiving a ‘broadly positive’ response. For both draft guidelines, about half of those responding felt the proposed sentence levels were about right.
The guidelines, which apply to adults, come into effect on 1 April.
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