This article aims to provide insight into the criminal courts’ approach to sentencing individuals who plead guilty or are convicted of offences related to the ongoing nationwide disturbances. It is not a commentary on the underlying issues.
Sentencing begins with guidelines issued by the Sentencing Council, covering relevant offences such as theft, burglary, criminal damage, and violent disorder. While courts must consider these guidelines, if the approach to the 2011 London riots is to be followed, sentences are likely to be significantly increased to reflect the nature of the current unrest.
In the 2013 report titled, “The Government Response to the Riots, Communities and Victims Panel’s Final Report“, a table was included (shown below). This shows that the average sentence for riot-related offences was four times greater than those for similar crimes under normal circumstances. It is reasonable to anticipate a comparable approach in the present situation.
The one important difference may be concerning those who are convicted of violent disorder. Since the 2011 Riots, a Sentencing Guideline has been published that deals with all Public Order Act Offences. While the maximum sentence for violent disorder remains 5 years’ imprisonment, courts are likely to consider these offences in the most serious category, with a starting point of 4 years.
Even accounting for potential sentence reductions due to guilty pleas, it’s probable that sentences for violent disorder will exceed those imposed following the 2011 riots. However, it’s important to note that each case will be assessed individually.
