Licensing Act 2003, s.141 (sale of alcohol to drunk person); s.146 (sale of alcohol to children); s.147 (allowing sale of alcohol to children)
Alcohol sale offences
Triable only summarily:
Maximum: Level 3 ine (s.141)
Level 5 ine (ss.146 and 147)
Offence seriousness (culpability and harm)
A. Identify the appropriate starting point
Starting points based on irst time offender pleading not guilty
Examples of nature of activity |
Starting point |
Range |
|
|
|
Sale to a child (i.e. person under 18)/to a drunk person |
Band B ine |
Band A ine to band C ine |
|
|
|
Note: refer to page 150 for approach to ines for offences committed for commercial purposes
Offence seriousness (culpability and harm)
B. Consider the effect of aggravating and mitigating factors (other than those within examples above)
Common aggravating and mitigating factors are identiied in the pullout card – the following may be particularly relevant but these lists are not exhaustive
Factors indicating higher culpability
1.No attempt made to establish age
2.Spirits/high alcohol level of drink
3.Drunk person highly intoxicated
4.Large quantity of alcohol supplied
5.Sale intended for consumption by group of children/drunk people
6.Offender in senior or management position
Factors indicating greater degree of harm
1.Younger child/children
2.Drunk person causing distress to others
3.Drunk person aggressive
Form a preliminary view of the appropriate sentence, then consider offender mitigation
Common factors are identiied in the pullout card
Consider a reduction for a guilty plea
Consider ancillary orders, including forfeiture or suspension of personal liquor licence
Refer to pages 168-174 for guidance on available ancillary orders
Decide sentence
Give reasons
Note
Section 23 of the Violent Crime Reduction Act 2006 created a new offence of persistently selling alcohol to children, which came into force on 6 April 2007. This is committed if, on three or more different occasions within a period of three consecutive months, alcohol is unlawfully sold on the same premises to a person under 18. The offence is summary only and the maximum penalty is a £10,000 ine. Consult your legal adviser for guidance on the approach to sentencing and the court’s powers in relation to liquor licences.
Effective from 4 August 2008 |
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Alcohol/tobacco, fraudulently evade duty
Customs and Excise Management Act 1979, s.170
Triable either way:
Maximum when tried summarily: Level 5 ine or three times the value of the goods (whichever is greater) and/or 6 months
Maximum when tried on indictment: 7 years
Refer to guideline Fraud – banking and insurance fraud and obtaining credit through fraud, beneit fraud and revenue fraud at pages 62b-62e
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Effective from 26 October 2009 |
Blank Page
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Animal cruelty
Animal Welfare Act 2006, s.4 (unnecessary suffering); s.8 (ighting etc.); s.9 (breach of duty of person responsible for animal to ensure welfare)
Triable only summarily:
Maximum: £20,000 ine and/or 6 months (ss.4 and 8)
Level 5 ine and/or 6 months (s.9)
Offence seriousness (culpability and harm)
A. Identify the appropriate starting point
Starting points based on irst time offender pleading not guilty
Examples of nature of activity |
Starting point |
Range |
|
|
|
One impulsive act causing little or no injury; |
Band C ine |
Band B ine to medium level community |
short term neglect |
|
order |
Several incidents of deliberate ill-treatment/frightening |
High level community |
Medium level community order to |
animal(s); medium term neglect |
order |
12 weeks custody |
|
|
|
Attempt to kill/torture; animal baiting/conducting or |
18 weeks custody |
12 to 26 weeks custody |
permitting cock-ighting etc.; prolonged neglect |
|
|
Offence seriousness (culpability and harm)
B. Consider the effect of aggravating and mitigating factors (other than those within examples above)
Common aggravating and mitigating factors are identiied in the pullout card – the following may be particularly relevant but these lists are not exhaustive
Factors indicating higher culpability |
Factors indicating lower culpability |
||
1. |
Offender in position of special responsibility |
1. |
Offender induced by others |
2. |
Adult involves children in offending |
2. |
Ignorance of appropriate care |
3. |
Animal(s) kept for livelihood |
3. |
Offender with limited capacity |
4.Use of weapon
5.Offender ignored advice/warnings
6.Offence committed for commercial gain
Factors indicating greater degree of harm
1.Serious injury or death 2.Several animals affected
Form a preliminary view of the appropriate sentence, then consider offender mitigation
Common factors are identiied in the pullout card
Consider a reduction for a guilty plea
Consider ancillary orders, including compensation
Refer to pages 168-174 for guidance on available ancillary orders
Consider disqualiication from ownership of animal
Decide sentence
Give reasons
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Effective from 4 August 2008 |
Criminal Damage Act 1971, s.1 |
Arson (criminal damage by ire) |
|
|
Triable either way:
Maximum when tried summarily: Level 5 ine and/or 6 months
Maximum when tried on indictment: Life
Where offence committed in domestic context, refer to page 177 for guidance
Identify dangerous offenders
This is a serious offence for the purposes of the public protection provisions in the Criminal Justice Act 2003 – refer to page 187 and consult legal adviser for guidance
Offence seriousness (culpability and harm)
A. Identify the appropriate starting point
Starting points based on irst time offender pleading not guilty
Examples of nature of activity |
Starting point |
Range |
|
|
|
Minor damage by ire |
High level community order |
Medium level community order |
|
|
to 12 weeks custody |
|
|
|
Moderate damage by ire |
12 weeks custody |
6 to 26 weeks custody |
|
|
|
Signiicant damage by ire |
Crown Court |
Crown Court |
|
|
|
Offence seriousness (culpability and harm)
B. Consider the effect of aggravating and mitigating factors (other than those within examples above)
Common aggravating and mitigating factors are identiied in the pullout card – the following may be particularly relevant but these lists are not exhaustive
Factor indicating higher culpability |
Factor indicating lower culpability |
1. Revenge attack |
1. Damage caused recklessly |
Factors indicating greater degree of harm
1.Damage to emergency equipment
2.Damage to public amenity
3.Signiicant public or private fear caused e.g. in domestic context
Form a preliminary view of the appropriate sentence, then consider offender mitigation
Common factors are identiied in the pullout card
Consider a reduction for a guilty plea
Consider ancillary orders, including compensation
Refer to pages 168-174 for guidance on available ancillary orders
Decide sentence
Give reasons
Effective from 4 August 2008 |
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