§ Vera BairdTo ask the Parliamentary Secretary, Department for Constitutional Affairs what guidance is given on(a) whether bail should be granted following a 725W charge of house burglary and (b) the level of sentencing appropriate following a conviction for house burglary. [152118]
§ Mr. LeslieThe judiciary in both the Crown and magistrates court will apply any case law and relevant court of appeal judgments when making decisions on bail and sentence. Guidelines for sentencing in dwelling house burglary cases were laid out by the Lord Chief Justice in a 2002 judgment.
All magistrates receive training on the law in relation to bail and sentencing organised by the 42 independent Magistrates Courts Committees. In addition, they are issued with an Adult Court Bench Book, published by the Judicial Studies Board. This bench book includes a structured decision-making guide for use when making both bail and sentencing decisions. It also contains copies of both the National Mode of Trial Guidelines issued by the Lord Chief Justice as part of the Consolidated Criminal Practice Direction and the newly revised Magistrates Court Sentencing Guidelines. Both of these documents provide guidance in relation to dwelling house burglaries. The Adult Court Bench Book is publicly available through the website www. jsboard.co.uk.