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19/07/19

Criminal Damage & Arson

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The Sentencing Council has published new Sentencing Guidelines (‘the guidelines’) in respect of the offences of Criminal Damage and Arson which will become effective in both the Magistrates’ and Crown Courts.

Nazaqat Maqsoom of Kangs Solicitors comments on the guidelines which come in to effect from the 1st October 2019.

The Guidelines

The guidelines:

  • are provided to ensure that courts are directed towards adopting a consistent approach when sentencing offenders.  
  • set out how sentencing should be approached and provide clear starting points and category ranges considering culpability, the degree of planning behind the commission of the offence, motive and other factors such as personal harm, both physical and psychological. 
  • take into account the material harm caused to historic buildings, objects and unique parts of the national heritage.
  • consider the social and economic impact on public services such as damage at a train station, a school or a place of public
    worship.
  • allow judges and magistrates to request mental health and similar reports.

The Offences Involved

The guidelines

cover the following offences:

  • arson – criminal damage by fire
  • criminal damage - where the damage has a value exceeding £5000
  • criminal damage - where the damage has a value not exceeding £500
  • racially or religiously aggravated criminal damage
  • threats to destroy or damage property
  • criminal damage/arson - with intent to endanger life or being reckless as to whether life endangered.
  • will apply to all offenders over the age of eighteen years sentenced on or after the 1st October 2019, regardless of the date of the offence.
  • allow the courts to impose a range of sentences including fines and imprisonment to a maximum of fourteen years.

How Can We Assist?

Anyone arrested or who is being investigated in relation to any offence should seek immediate expert assistance and advice immediately.

The team at Kangs Solicitors possesses a wealth of experience defending clients throughout the country who face criminal charges of every conceivable nature.

We can help you defend your case and provide representation and expert legal advice throughout.  If you would like to discuss any such matters please do not hesitate to contact our team through any of the following:

Suki Randhawa
srandhawa@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396 | 07989 521210

Amandeep Murria
amurria@kangssolicitors.co.uk
020 7936 6396 | 0121 449 9888

Helen Holder
hholder@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396 | 07989 521210 (24hr Emergency Number)

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