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2 Burglary Offences Definitive Guideline. In accordance with section 120 of the. Coroners and Justice Act 2009, the. Sentencing Council issues this definitive guideline. It applies to all offenders aged 18 and older, who are sentenced on or after. 16 January 2012, regardless of the date of the offence. Section 125(1) of the
Electricity is not property within the meaning of section 4 Theft Act 1968 (Low v Blease [1975] Crim L.R. 513) and cannot therefore be stolen. There is further information available in the CPS Sentencing Manual which is a source of information for advocates to assist them with trial preparation, in particular when addressing
Welcome to the Magistrates' Court Sentencing Guidelines. You will find on these pages all the Sentencing Council guidelines and other materials magistrates need when sentencing offenders in court. You can search for any of the guidelines using 'Search offences' on the left-hand side bar. The explanatory material and
Offence guidelines – alphabetical index. A. ABH, Offences Against the Person Act 1861, s.47. 27. Abstract/use without authority electricity, Theft Act 1968, s.13. 57. Accessories/vehicle/equipment, condition involving danger of injury, Road Traffic Act 1988, s.40A. 136. Accessories/vehicle/equipment, condition involving
2 Theft Offences Definitive Guideline. Effective from 1 February 2016. In accordance with section 120 of the Coroners and Justice Act 2009, the Sentencing Council issues this definitive guideline. It applies to all offenders aged 18 and older, who are sentenced on or after 1 February 2016, regardless of the date of the offence
Step 1 – Determining the offence category. The court should determine the offence category with reference only to the factors identified in the following tables. In order to determine the category the court should assess culpability and harm. The level of culpability is determined by weighing up all the factors of the case to
The Magistrates' Court Sentencing Guidelines have been a settled feature of magistrates' courts for many years. This edition or for sentence on or after 4 August 2008 and replaces the guidelines which were effective from. 1 January 2004. Act 1861, s.47. 201. Abstract/use without authority electricity, Theft Act 1968, s.13.
An Act to revise the law of England and Wales as to theft and similar or associated offences, and in connection therewith to make provision as to criminal A person who dishonestly uses without due authority, or dishonestly causes to be wasted or diverted, any electricity shall on conviction on indictment be liable to
Where there are characteristics present which fall under different levels of culpability, the court should balance these characteristics to reach a fair assessment of the offender's culpability. HARM. This guideline refers to preparatory offences where no theft has been committed. The level of harm is determined by weighing up
Burglary is a statutory offence in England and Wales. Contents. [hide]. 1 Statute; 2 Elements of the offence. 2.1 "Enters"; 2.2 "Building or part of a building"; 2.3 "As a trespasser"; 2.4 "With intent"; 2.5 Mens Rea; 2.6 Mode of trial; 2.7 Sentence. 3 Aggravated burglary. 3.1 "Has with him"; 3.2 "At the time"; 3.3 Mens Rea; 3.4
     

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