The Sentencing Council has published draft guidelines for sentencing offenders convicted of blackmail, kidnap or false imprisonment.
Under the proposals judges will have dedicated guidelines to follow when sentencing these offences, for the first time. The new guidelines will ensure that the courts are able to take a more consistent approach to sentencing.
Currently, courts sentencing these offences follow case law and the Council’s General guideline, which provides guidance to judges when sentencing offences for which there is no relevant specific guideline.
The proposed guidelines will apply to all adults sentenced in England and Wales for the following offences:
Blackmail
The Council is proposing a range of sentences from a community order to 12 years’ custody for the most serious offences.
False Imprisonment and Kidnap
The Council is proposing a single guideline for both kidnap and false imprisonment offences with a range from six months to 16 years’ custody for the most serious offences.
The likely impact of the new guidelines on sentences
The need for prison places is expected to increase for each of the three offences if the draft guidelines are introduced. It is estimated that the guidelines would mean that a total of 130 additional prison places would be needed (comprised of approximately 50 for blackmail, 60 for false imprisonment and 20 for kidnap).
Current sentencing patterns
All three offences are indictable only and can only be sentenced at the Crown Court.
Blackmail
In 2022, around 140 offenders were sentenced for blackmail. Most offenders sentenced for blackmail receive a custodial sentence. Around 73 per cent of offenders were given an immediate custodial sentence and 24 per cent were given a suspended sentence order. A further 1 per cent of offenders received a community order and the remaining 2 per cent were ‘otherwise dealt with’.
The statutory maximum sentence for this offence is 14 years’ custody. For those sentenced to immediate custody, the average (mean) custodial sentence length in 2022 was 2 years 10 months, after any reductions for guilty plea. This is broadly consistent with previous years. Around 95 per cent of offenders sentenced to immediate custody received a sentence length of up to and including 6 years.
False imprisonment
Around 110 offenders were sentenced for false imprisonment in 2022, which is broadly consistent with the number of offenders sentenced over the previous 5 years. This is an indictable only offence and can only be sentenced at the Crown Court. Most offenders (82 per cent) received an immediate custodial sentence. A further 7 per cent were ‘Otherwise dealt with’, and 6 per cent received a suspended sentence order. The remaining offenders received a community order (4 per cent) or a discharge (1 per cent).
For those sentenced to immediate custody in 2022, the average (mean) custodial sentence length (ACSL) was 4 years 6 months, after any reductions for guilty plea, with just over three quarters (77 per cent) receiving a sentence of up to and including 6 years. The statutory maximum sentence for this offence is life imprisonment.
Kidnap
In 2022, around 110 offenders were sentenced for kidnap. This is an indictable only offence and can only be sentenced at the Crown Court.
Most offenders were sentenced to immediate custody (82 per cent). A further 10 per cent were ‘otherwise dealt with’ and 6 per cent of offenders received a suspended sentence order. The remaining offenders received either a community order (1 per cent) or a discharge (1 per cent).
For those sentenced to immediate custody in 2022, the average (mean) custodial sentence length (ACSL) was 5 years 9 months, after any reductions for guilty plea, with 82 per cent receiving a sentence post guilty plea of up to and including 8 years. The statutory maximum sentence for this offence is life imprisonment.
The new guidelines for these offences are expected to come into effect towards the end of 2024.
We ensure we stay up to date with any changes in legislation and case law so that we can always give our clients the best possible advice and representation. If you would like to discuss any aspect of your case, please contact Tarsem Salhan on 0121 605 6000 or at tsalhan@salhan.co.uk