Bladed articles and offensive weapons (having in public/education premises and threats) – children and young people

The structured 5-step process

1. Offence category. Determine harm and culpability (usually 1-3 each) — this gives a 3×3 grid.
2. Starting point and range. The guideline specifies a starting-point sentence for each cell of the grid plus a range above and below.
3. Adjust for factors. Apply statutory and offence-specific aggravators (e.g. previous convictions, on bail, hate motivation) and mitigators (e.g. first offence, age, sole carer status).
4. Guilty-plea reduction. Up to one-third reduction for plea at first reasonable opportunity (sliding scale down to 10% if pleaded at trial).
5. Totality, ancillaries, reasons. Consider concurrent/consecutive sentences, ancillary orders (compensation, restraining, driving disqualification, victim surcharge), and give reasons.

Factors increasing seriousness

Verbatim from the Sentencing Council guideline (non-exhaustive list).

• Previous findings of guilt, having regard to a) the nature of the offence to which the finding of guilt relates and its relevance to the current offence; and b) the time that has elapsed since the finding of guilt
• Offence committed whilst on bail
• Significant degree of planning/premeditation
• Victim is particularly vulnerable due to factors including but not limited to age, mental or physical disability
• Offence was committed as part of a group
• Attempts to conceal identity
• Steps taken to prevent reporting the incident/seeking assistance
• Commission of offence whilst under the influence of alcohol or drugs
• Offence committed against those working in the public sector or providing a service to the public

Factors reducing seriousness or reflecting personal mitigation

Verbatim from the Sentencing Council guideline (non-exhaustive list).

• No findings of guilt or no relevant/recent findings of guilt
• Good character and/or exemplary conduct
• Participated in offence due to bullying, peer pressure, coercion or manipulation
• Little or no planning
• Co-operation with the police
• Particularly young or immature child or young person (where it affects their responsibility)
• Communication or learning disabilities or mental health concerns
• Unstable upbringing including but not limited to:
• Determination and/or demonstration of steps taken to address offending behaviour
• Child or young person in education, training or employment