8 Commentary: Sentencing (Tables 7, 8(a),8(b), 9,10, 11 &12, Charts 3& 4)
Custodial sentences
8.1 The overall number of convictions resulting in a custodial sentence in 2007/08 was just under 16,700, the second largest figure recorded during the last 10 years, and almost exactly the same as in 2006/07.
8.2 Custody is the most frequently used sentence for most types of crime involving violence and also rape and attempted rape. Other crime types with high proportions of convictions resulting in a custodial sentence in 2007/08 were housebreaking (47 per cent) and theft by opening a lockfast place and fire-raising (both 36 per cent).
8.3 The average length of determinate custodial sentences over most of the last decade has been between 7½ and 8½ months, although the average for 2007/08 of 244 days was more than 7 per cent higher than the figure for 2006/07. The increase in average sentence was particularly marked for crimes of handling an offensive weapon, which rose by 35 per cent from 161 days in 2006/07 to 217 days in 2007/08.
8.4 Half of all custodial sentences in 2007/08 were for three months or less, with 76 per cent being for six months or less. These were lower than the corresponding percentages for 2006/07 of 53 and 79 per cent respectively.
8.5 Crimes of violence and crimes of indecency were the most likely to attract long custodial sentences. Only 2 per cent of custodial sentences for crimes of dishonesty in 2007/08 were for over two years whereas the corresponding proportions for non-sexual crimes of violence and crimes of indecency were 39 and 51 per cent respectively. Outwith crimes of violence and indecency, the crimes which had the highest proportions of custodial sentences of over two years were drug offences (26 per cent) and fire-raising (18 per cent).
Chart 3: Average sentence length 1 and per cent of custody by type of crime or offence, 2007/08
1. Excludes life sentences and indeterminate detention.
Community sentences
8.6 The total number of convictions resulting in a community sentence in 2007/08 totalled just over 16,700, 4 per cent higher than 2006/07. Over the last ten years, the use of community sentences has generally increased as a proportion of all sentences imposed by the courts, although the proportion has levelled off in the last few years - while they accounted for 9 per cent of all sentences in 1998/99, this has been around 12 or 13 per cent in each of the last four years. In both 2004/05 and 2005/06 community sentences outnumbered custodial sentences, although in both 2006/07 and 2007/08 there have been more custodial sentences.
8.7 In 2007/08, the number of convictions resulting in a probation order (including probation with a requirement that the offender shall perform unpaid work) was just under 9,000 (4 per cent higher than in 2006/07). The proportion of convictions resulting in an offender being placed on probation was highest for indecent assault and lewd and indecent behaviour (both 41 per cent) and 'other' violence (23 per cent).
8.8 The number of convictions in 2007/08 resulting in a community service order was just under 5,600, an increase of 6 per cent compared with 2006/07. In 2007/08, the categories with the highest proportion of convictions resulting in a community service order were serious assault and attempted murder (20 per cent), handling an offensive weapon (16 per cent), fraud (15 per cent) and fire-raising (14 per cent). The average length of community service order imposed in 2007/08 was 146 hours.
8.9 Other forms of community sentence were available to courts in a number of areas in 2007/08. These included restriction of liberty orders (1,151 sentences) drug treatment and testing orders (817 sentences) and supervised attendance orders of first instance (129 sentences).
Financial penalties
8.10 Between 1998/99 and 2007/08, the use of fines, the most common main penalty imposed by courts, has generally fallen as a proportion of all penalties imposed. This is in part a result of those offences most likely to be punished by fines increasingly being dealt with outside the court, for example by police conditional offers or "fiscal fines". Fines were the main penalty imposed in 62 per cent of convictions in 2007/08, slightly lower than the proportion in 2006/07 and seven percentage points below the figure recorded for 1998/99. In 2007/08, the crimes which were most likely to result in a fine were motor vehicle offences (92 per cent), 'other' miscellaneous offences (77 per cent), drunkenness (70 per cent), drugs offences (60 per cent) and breach of the peace (56 per cent).
8.11 Excluding cases where a company was fined, the average fine imposed by courts in 2007/08 was £220, an increase of 3 per cent compared with the average in 2006/07 (£213). The average compensation order imposed by courts either as main or secondary penalty was £331 in 2007/08, a 4 per cent decrease compared with the average in 2006/07 (£344).
Chart 4: Average fine and per cent fined by type of crime or offence, 2007/08 1 (excludes companies)
1. Excludes homicide and rape
Other sentences
8.12 In 2007/08, the number of persons with a charge proved who were given a caution or admonition penalty was around the same as in 2006/07 and two percentage points higher than in 1998/99. This type of sentence was a relatively frequent outcome in convictions for the 'other' crimes of indecency category (38 per cent of convictions), the 'other' violence category (27 per cent), crimes against public justice and drunkenness (both 25 per cent), breach of the peace (22 per cent) and shoplifting (21 per cent).
Sentencing by sex and age of offender
8.13 The pattern of penalties imposed in 2007/08 varied with the age and gender of the offender. This is likely to reflect the different patterns of offending and conviction histories of the different groups of offenders. While males accounted for 85 per cent of all convictions (excluding companies and persons where gender was not known) in 2007/08, they represented 92 per cent of custodial convictions. Females accounted for 15 per cent of all convictions (excluding companies and persons where gender was not known) and 26 per cent of other sentences (mainly admonition).
8.14 Between 2006/07 and 2007/08, the number of convictions resulting in a custodial sentence fell only very slightly. The largest percentage increase was in females over 30 (up 24 per cent). Females aged under 21 fell by 9 per cent between 2006/07 and 2007/08. For males, numbers aged 21-30 increased by 3 per cent, while those aged under 21 and over 30 both fell by 3 per cent.
8.15 The number of convictions resulting in a community sentence increased slightly between 2006/07 and 2007/08. by 2 per cent for males to 13,900 and by 12 per cent for females to 2,800. For males, there was a slight decrease for those aged under 21, while numbers for those aged over 30 increased by 6 per cent. All age categories for females increased, particularly for those aged 21-30, where there was an increase of 18 per cent.
8.16 Between 2006/07 and 2007/08, the number of convictions resulting in a financial penalty fell by 2 per cent (to 70,800) for males and by 4 per cent (to 12,000) for females. Decreases were recorded for all age categories, apart from males aged 21-30 which increased by 2 per cent to 25,700.