Burglary: Sentences (Hansard, 7 May 1996)

§ Lord Donaldson of Lymington
asked Her Majesty's Government:
Why Paragraph 12.3 of Protecting the Public (Cm 3190) omits any reference to the fact that the average custodial sentence imposed by the Crown Court upon those convicted for a second offence of domestic burglary appears to have been 1.6 months shorter than in the case of first offenders and whether they know of any explanation for this apparent sentencing anomaly.

§ Baroness Blatch
Sentences in individual cases are a matter for the court. Those sentenced to immediate custody at the Crown Court for a second conviction of domestic burglary include both those who received a custodial sentence on their first conviction for domestic burglary, and those who received a non-custodial sentence. For the former group, the sentence on the second conviction was on average 2.5 months longer than that imposed for the first conviction.

§ Lord Donaldson of Lymington
asked Her Majesty's Government:
Whether they will re-analyse the sample of convictions and sentences imposed by the Crown Court and referred to in Fig 11 in Chapter 11 of Protecting the Public (Cm 3190) in order to show in relation to second, third and seventh or subsequent offenders who had previously been subject to an immediate custodial sentence the average increase in the length of their sentences.

§ Baroness Blatch
The information in the table below relates to those sentenced to immediate custody during the sample period who had previously been subject to an immediate custodial sentence for an offence of burglary of a dwelling.

Table: Convictions at the Crown Court for burglary of a dwelling^1,2: average change in custodial sentence length

Second conviction Third or subsequent conviction Seventh or subsequent conviction

Average change in custodial sentence length (months) +2.5 +5.6 -0.6

¹Based on a sample of 949 offenders—all those convicted of burglary of a dwelling at the Crown Court in five weeks of 1993 and 1994. Two hundred and forty-four of these offenders were sentenced to immediate custody during the sample period and had previously been subject to an immediate custodial sentence for burglary of a dwelling imposed either by the Crown Court or by magistrates' courts.

² An offender who is convicted of several offences of burglary at the same court appearance is counted as having only one conviction at that court appearance.

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§ Lord Donaldson of Lymington
asked Her Majesty's Government:
Whether they will elaborate upon the number of convictions and length of sentences imposed by the Crown Court for burglary of a dwelling house set out in Figure 11 in Chapter 12 of Protecting the Public (Cm 3190) by stating the criteria adopted in selecting the sample of 949 offenders and further stating in relation to each of the four conviction categories (a) the number of offenders who were aged 17 or less, (b) the number of offenders who were aged more than 17 and less than 21, (c) how many of the offenders had previously been sentenced to immediate custody for this offence and (d) what were the shortest and longest sentences imposed.

§ Baroness Blatch
The sample on which Figure 11 in Chapter 12 is based covers all those convicted of indictable offences in England and Wales during five weeks of 1993 and 1994. In recent years such samples have been drawn regularly and the results published in the annual volumeCriminal Statistics, England and Wales. The particular weeks selected are chosen to give good coverage of the year as a whole.
The information requested for each of the four conviction categories is given in the table below.
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Table: Convictions at the Crown Court for burglary of a dwelling^1,2

First conviction Second conviction Third or subsequent conviction Seventh or subsequent conviction

Total offenders 447 197 305 43

(a) Number aged 17 or less 20 14 11 1

(b) Number aged more than 17 and less than 21 156 61 69 3

(c) Number previously sentenced to immediate custody³ for an offence of burglary of a dwelling n/a 84 245 43

(d) Shortest and longest custodial sentences imposed (months) 1 and 84 2 and 120 6 and 120 6 and 42

¹ Based on a sample of 949 offenders—all those convicted of burglary of a dwelling at the Crown Court in five weeks of 1993 and 1994.

² An offender who is convicted of several offences of burglary at the same court appearance is counted as having only one conviction at that court appearance.

³ Previous custodial sentences may have been imposed either by the Crown Court or by magistrates' courts.

Table: Convictions at the Crown Court for burglary of a dwelling^1,2: average change in custodial sentence length
	Second conviction	Third or subsequent conviction	Seventh or subsequent conviction
Average change in custodial sentence length (months)	+2.5	+5.6	-0.6
¹Based on a sample of 949 offenders—all those convicted of burglary of a dwelling at the Crown Court in five weeks of 1993 and 1994. Two hundred and forty-four of these offenders were sentenced to immediate custody during the sample period and had previously been subject to an immediate custodial sentence for burglary of a dwelling imposed either by the Crown Court or by magistrates' courts.
² An offender who is convicted of several offences of burglary at the same court appearance is counted as having only one conviction at that court appearance.

Table: Convictions at the Crown Court for burglary of a dwelling^1,2
	First conviction	Second conviction	Third or subsequent conviction	Seventh or subsequent conviction
Total offenders	447	197	305	43
(a) Number aged 17 or less	20	14	11	1
(b) Number aged more than 17 and less than 21	156	61	69	3
(c) Number previously sentenced to immediate custody³ for an offence of burglary of a dwelling	n/a	84	245	43
(d) Shortest and longest custodial sentences imposed (months)	1 and 84	2 and 120	6 and 120	6 and 42
¹ Based on a sample of 949 offenders—all those convicted of burglary of a dwelling at the Crown Court in five weeks of 1993 and 1994.
² An offender who is convicted of several offences of burglary at the same court appearance is counted as having only one conviction at that court appearance.
³ Previous custodial sentences may have been imposed either by the Crown Court or by magistrates' courts.