Step 2 – Starting point and category range Where it is possible to identify the underlying offence, regard should be given to the relevant sentencing levels for that offence. To complete the assessment of harm, the court should take into account the level of harm associated with the underlying offence to determine whether it warrants upward adjustment of the starting point within the range, or in appropriate cases, outside the range. Money laundering is an integral component of much serious criminality. Harm A – Harm is initially assessed by the value of the money laundered Category 1 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.

Limited awareness or understanding of extent of criminal activity.

Opportunistic ‘one-off’ offence very little or no planning.

Involved through coercion, intimidation or exploitation.

Performed limited function under direction.

The offender’s culpability falls between the factors as described in A and C.

Factors are present in A and C which balance each other out and/or.

Other cases that fall between categories A or C because:.

A significant role where offending is part of a group activity.

Criminal activity conducted over sustained period of time.

Sophisticated nature of offence/significant planning.

Abuse of position of power or trust or responsibility.

Involvement of others through pressure, influence.

A leading role where offending is part of a group activity.

The level of culpability is determined by weighing up all the factors of the case to determine the offender’s role and the extent to which the offending was planned and the sophistication with which it was carried out.Ĭulpability demonstrated by one or more of the following: A – High culpability In order to determine the category the court should assess culpability and harm. The court should determine the offence category with reference to the tables below. *The maximum sentence that applies to an offence is the maximum that applied at the date of the offence. Credit for a guilty plea is taken into consideration only at step four after the appropriate sentence has been identified. Starting points and ranges apply to all offenders, whether they have pleaded guilty or been convicted after trial. The court should consider further features of the offence or the offender that warrant adjustment of the sentence within the range, including the aggravating and mitigating factors set out at step two. Starting points define the position within a category range from which to start calculating the provisional sentence. The Council has also identified a starting point within each category. The offence range is split into category ranges – sentences appropriate for each level of seriousness. Within each offence, the Council has specified a number of categories which reflect varying degrees of seriousness.

Structure, ranges and starting pointsįor the purposes of section 60 of the Sentencing Code, the guideline specifies offence ranges – the range of sentences appropriate for each type of offence. General principles to be considered in the sentencing of children and young people are in the Sentencing Council definitive guideline, Sentencing children and young people – overarching principles. This guideline applies only to individual offenders aged 18 and older. Unless the court is satisfied that it would be contrary to the interests of justice to do so.” must, in exercising any other function relating to the sentencing of offenders, follow any sentencing guidelines which are relevant to the exercise of the function,.must, in sentencing an offender, follow any sentencing guidelines which are relevant to the offender’s case, and.Section 59(1) of the Sentencing Code provides that: It applies to all individual offenders aged 18 and older who are sentenced on or after 1 October 2014, regardless of the date of the offence.* In accordance with section 120 of the Coroners and Justice Act 2009, the Sentencing Council issues this definitive guideline. Additional note: Availability of ancillary orders.Automatic orders on conviction for sexual offences Forfeiture or suspension of liquor licence Forfeiture and destruction of weapons orders Forfeiture and destruction of goods bearing unauthorised trade mark Disqualification from ownership of animals Disqualification from driving – general power Destruction orders and contingent destruction orders for dogs

Million pound bank note summary