Does anyone know about the UK's sentencing guidelines for shoplifting? | LawHive - Solicitors & Lawyers Online
Does anyone know about the UK's sentencing guidelines for shoplifting?
Does anyone know about sentencing guidelines. For example you was charged and tried for shoplifting, someone got hurt but no one can say who by. So your trial is only based on shoplifting nothing else, but if you're found guilty the CPS sentencing guidelines, choose harm, the highest category and write- due to assault- which is not on the guidelines, even though the assault was stated throughout trial no one can say who done what. And you get found guilty and now your sentence is including a recommendation regarding the assault you was never on trial for. If anyone understands this messy way I have tried to explain and could go into more detail if you understand I would appreciate it please. Sorry if I have messed this up

Anonymous

12th March 2022

Top Answer
William Dale

Betty Merchant

12th March 2022

NQ - Law Degree. I have attached pictures of what I'm sure you're referring to. High Culpability - Significant use or Threat of force. Or Medium Culpability - Limited use or Threat of force. This is what they probably have included the alleged assault under. Does this answer your question?

Mariann Darling

12th March 2022

Yes but the charge was never about assault but being used to sentence ( assault is a example)

Anonymous

12th March 2022

Solicitor: factors explored as part of the trial process or prior history and personal circumstances can aggravate or mitigate the sentencing exercise, so reasons for committing an offence, previous convictions, circumstances of offence and any victim impact can make it worse or less serious. It doesn’t have to be charged as a separate offence for it to be considered. Did you have legal representation at trial? If so they will be best placed to advise you on whether the correct process was followed or not and whether the court should be taking it into account or not. It’s important that the person advising is aware of all the factors as I can’t properly advise on what you’ve told me and it’s important to get it right.

William Dale

12th March 2022

2 upvotes

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