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Judges and magistrates told to impose severe sentences on criminals who inflict anguish or trauma on victims Burglars who target homes will normally be expected to be sent to jail, under new sentencing guidelines for judges and magistrates. But the Sentencing Council concedes that community orders may be appropriate for the lowest level of offenders, such as those who reach through an open window before taking goods of little or no value. The council says the guidelines, which will apply in crown and magistrates courts, place a renewed emphasis on imposing more severe sentences on those who inflict anguish or trauma on their victims. But it believes that the impact of the new guidelines is unlikely to change the number of burglars sent to prison each year or the average length of their sentences. Instead, it is being introduced to improve the consistency of sentencing and to encourage judges to focus on the harm of the victim, as well as the culpability of the offender. It suggests that in the most serious cases of aggravated burglary, where an intruder is carrying a weapon, an offender should expect to be sentenced to up to 13 years in prison on conviction. In ‘standard’ cases of domestic burglary, the guideline increases the current four-year maximum sentence to six years and it takes a fresh approach to non-domestic, burglary asking judges to look at the harm to the victims beyond the economic implications alone. But the Sentencing Council also recognises that current sentencing practice in cases involving the lowest level of offenders does lead to community penalties being imposed rather prison sentences. It says the sentencing advisory panel “consulted specifically on whether a community order starting point, where no factors indicating greater culpability or harm are present, was appropriate”. “There was broad agreement with the approach, though some responses expressed grave concerns that any sentence for domestic burglary should be non-custodial,” the council said. “However, the panel identified that even those responding in this way seemed to be content for a non-custodial sentence to result following consideration of mitigating factors applying either to the offence or to the offender. “Existing sentencing practice also demonstrates the use of community sentences in some circumstances.” Lord Justice Leveson, the Sentencing Council chairman, said: “Burglary can have a very serious impact on victims. It is very far from being only a crime against property. As a result, we have ensured that the impact on victims is at the centre of considerations about what sentence should be passed on a burglar.” Sentencing Prisons and probation Crime Police UK criminal justice Alan Travis guardian.co.uk