Draft revised guidelines for summary offences in the Magistrates’ Court Sentencing Guidelines consultation – List of questions

Question 1

Do you agree that offences generally should be presented in one consistent format?

Yes

No

Please give reasons for your answer.

Question 2

Do you agree with this use of suggested points within a fine band for the following offences:

•Alcohol sales

•Careless driving

•Drive whilst disqualified

•Excess alcohol drive/in charge

•Fail to provide evidential specimen in charge

•Football offences

•No insurance

•Speeding

•Taxi touting

•TV licence payment evasion

•Unfit through drink or drugs in charge

Yes

No

Please give reasons for your answer and specify which offence you are referring to if your answer doesn’t apply to all of the offences listed.

Question 3

Do you agree that conditional discharge is an appropriate option at the lower end of the range for category 3 cases?

Yes

No

Please give your reasons if you do not agree and/or highlight any additional option you believe should be included.

Question 4

Do you agree that 'few entries in refusals/incident book' should remain a higher culpability factor as drafted?

Yes

No

Please give your reasons if you do not agree and/or highlight any additional option you believe should be included.

Question 5

Do you have any other comments about any of the factors and/or ranges for this offence?

Question 6

Do you agree with the draft guideline, in particular with the culpability and harm factors and with the use of three levels of seriousness?

Yes

No

Please give your reasons if you do not agree and/or highlight any additional options you believe should be included.

i) Do you consider the sentence passed in scenario A is proportionate?

Yes

No

If you do not agree, please tell us what sentence should be passed and why.

ii) Do you consider that the sentence passed in scenario B is proportionate?

Yes

No

If you do not agree, please tell us what sentence should be passed and why.

iii) Do you consider that the sentence passed in scenario C is proportionate?

Yes

No

If you do not agree, please tell us what sentence should be passed and why.

Question 7

Do you agree with the draft guideline in respect of disqualification?

Yes

No

Please give your reasons if you do not agree and/or highlight any additional options you believe should be included. Please give any other comments you have about this guideline.

Question 8

Do you agree with the proposed changes to the category one starting point?

Yes

No

Please give your reasons if you do not agree and your proposed alternative.

Please give any other comments you have about this guideline

Question 9

Do you agree with this treatment of culpability?

Yes

No

Please give your reasons if you do not agree and/or highlight any additional factors you believe should be included.

Question 10

Do you agree with the proposed wording of the harm factor 'aggressive or disruptive during attendance'?

Yes

No

Please give your reasons if you do not agree and your proposed alternative.

Please give any other comments you have about this guideline.

Question 11

Do you have any comments about this draft guideline?

Question 12

Do you agree with the proposed wording of this mitigating factor?

Yes

No

Please give your reasons if you do not agree and your proposed alternative.

Please give any other comments you have about this guideline.

Question 13

Do you agree with the proposed culpability and harm factors and the inclusion of both generic and specific factors?

Yes

No

Please give your reasons if you do not agree and/or highlight any additional factors you believe should be included.

Please give any other comments you have about this guideline.

Question 14

Do you agree that the factor “aggressive towards staff” captures both verbal and non-verbal behaviour, including offensive language?

Yes

No

Please give your reasons if you do not agree and your proposed alternative.

Please give any other comments you have about this guideline.

Question 15

Do you agree with the proposed aggravating and mitigating factors?

Yes

No

If yes, please provide your proposed wording and/or identify what you would delete, with reasons supporting your decision.

Question 16

Do you agree with the proposed approach regarding fine bands?

Yes

No

Please give your reasons if you do not agree and indicate those offences for which you think a different approach should be taken.

Question 17

Do you agree with the proposed structure for this guideline?

Yes

No

Please give reasons for your answer.

Question 18

Do you agree with the proposed sentencing ranges?

Yes

No

Please give your proposals if you do not agree, with reasons supporting your decision.

Please give any other comments you have about this guideline.

Question 19

Do you agree with the proposed step one and step two factors?

Yes

No

Should any be added or removed? If yes, please provide your proposed wording and/or identify what you would delete, with reasons supporting your decision.

Question 20

Do you agree with the proposed step one and step two factors?

Yes

No

Should any be added or removed? If yes, please provide your proposed wording and/or identify what you would delete, with reasons supporting your decision.

Question 21

Do you agree with the proposed culpability and harm factors?

Yes

No

Please give your reasons if you do not agree and/or highlight any additional factors you believe should be included.

Question 22

Do you agree with the proposed lengths of disqualification?

Yes

No

Please give your proposals if you do not agree, with reasons supporting your decision.