iv) When the court suspends a sentence, it may impose one or more requirements for the offender to undertake in the community. The prospect of death in the near future will be a matter considered by the prison authorities and the Secretary of State under the early release on compassionate grounds procedure (ERCG). The maximum sentence for failing to provide a specimen is: 1. Providing a specimen at a later time would fail to achieve this accurately. Where an offender has turned 18 between the commission of the offence and conviction the court should take as its starting point the sentence likely to have been imposed on the date at which the offence was committed, but applying the purposes of sentencing adult offenders. Either or both of these considerations may justify a reduction in the sentence. Where the offender is dealt with separately for a breach of an order regard should be had to totality. Failing to Provide a Specimen (where the police allege that you have been driving or attempting to drive) The Court should determine the offence category using the table below.The court should determine the offender’s culpability and the harm caused with reference only to the factors below. This factor may apply whether or not the offender has previous convictions. But, an offender’s knowledge that he will likely face the prospect of death in prison, subject only to the ERCG provisions, is a factor that can be considered by the sentencing judge when determining the sentence that it would be just to impose. The following guidance should be considered when seeking to determine the degree to which previous convictions should aggravate sentence: Section 65 of the Sentencing Code states that: (1) This section applies where a court is considering the seriousness of an offence (“the current offence”) committed by an offender who has one or more relevant previous convictions. The court can take account of physical disability or a serious medical condition by way of mitigation as a reason for reducing the length of the sentence, either on the ground of the greater impact which imprisonment will have on the offender, or as a matter of generally expressed mercy in the individual circumstances of the case. Failure to provide a specimen during a road side breath test or at a police station if you are suspected of driving under the influence of drink or drugs is an offence, which is treated as seriously as driving whilst under the influence of alcohol. evaluate the consequences of their actions, any effect of the sentence on the health of the offender and, any effect of the sentence on the unborn child. An immature offender may find it particularly difficult to cope with the requirements of a community order without appropriate support. Previous convictions are likely to be ‘relevant’ when they share characteristics with the current offence (examples of such characteristics include, but are not limited to: dishonesty, violence, abuse of position or trust, use or possession of weapons, disobedience of court orders). Pay for any outstanding fees quickly and securely by clicking below. Failing to provide a specimen at the police station means refusing to take part in such a test, and ordinarily gives the police cause to suspect that a driver is over the legal alcohol limit or has consumed illegal drugs. For offenders on the cusp of custody, imprisonment should not be imposed where there would be an impact on dependants which would make a custodial sentence disproportionate to achieving the aims of sentencing. If there is a delay in sentencing after conviction, consider interim disqualification. Consult your legal adviser for further guidance. Where an offender has used their good character or status to facilitate or conceal the offending it could be treated as an aggravating factor. 3) What is the shortest term commensurate with the seriousness of the offence? Ideally a pre-sentence report should be completed on the same day to avoid adjourning the case. Destruction orders and contingent destruction orders for dogs, 9. Only the online version of a guideline is guaranteed to be up to date. Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. Where an offence does not fall squarely into a category, individual factors may require a degree of weighting before making an overall assessment and determining the appropriate offence category. Where information is available on the context of previous offending this may assist the court in assessing the relevance of that prior offending to the current offence, Commission of an offence while subject to a. 3rd November 2020 |. Refer to the Sentencing offenders with mental disorders, developmental disorders, or neurological impairments guideline. The sentencing guidelines for this offence, like most other offences, will put you into a category for determining sentence. For these reasons first offenders receive a mitigated sentence. If the offender received a non-custodial disposal for the previous offence, a court should not necessarily move to a custodial sentence for the fresh offence. Evidence of unacceptable standard of driving. View sentencing guidelines for this offence Fail to provide specimen while in charge of a vehicle DVLA Endorsement Code: DR60 Sentencers must consider all available disposals at the time of sentence; even where the threshold for a community sentence has been passed, a fine or discharge may be an appropriate penalty. A terminal prognosis is not in itself a reason to reduce the sentence even further. Reoffending rates for first offenders are significantly lower than rates for repeat offenders. If they fail to do so then the case may be challenged. Passing the custody threshold does not mean that a custodial sentence should be deemed inevitable. Where an offender is being sentenced for a non-imprisonable offence, there is no power to make a community order. Offences for which penalty notices are available, 5. When considering the totality of previous offending a court should take a rounded view of the previous crimes and not simply aggregate the individual offences. Disqualification of company directors, 16. Racial or religious aggravation – statutory provisions, 2. At first it was alleged that I failed to provide a specimen while in charge, then at the Police Station suspected of having driven a vehicle and having been required to provide a specimen. The starting point applies to all offenders irrespective of plea or previous convictions. A prison sentence of up to 26 weeks or a community order can also be imposed upon conviction of failing to provide a specimen while driving or attempting to drive. The extent to which the offender has complied with the conditions of a licence or order (including the time that has elapsed since its commencement) will be a relevant consideration. Home > Knowledge Centre > Failing to provide a specimen of breath: Sentencing guidelines. You do not have a right to refuse to provide a specimen of breath when requested by the police. In particular, a Band D fine may be an appropriate alternative to a community order. However, this factor is less likely to be relevant where the offending is very serious. The fine should meet, in a fair and proportionate way, the objectives of punishment, deterrence and the removal of gain derived through the commission of the offence. Speeding offences Toggle accordion. Obtaining financial information: It is for the offender to disclose to the court such data relevant to their financial position as will enable it to assess what they can reasonably afford to pay. The maximum sentence for failing to provide a specimen is 6 months in prison and a mandatory disqualification from driving. Sentences should not necessarily escalate from one community order range to the next on each sentencing occasion. Where there are previous offences but these are old and /or are for offending of a different nature, the sentence will normally be reduced to reflect that the new offence is not part of a pattern of offending and there is therefore a lower likelihood of reoffending. Where any such risk of harm is the subject of separate charges, this should be taken into account when assessing totality. It is important to seek expert legal help if you are accused of failing to provide a specimen of breath. The court should take into account section 74 of the Sentencing Code (reduction in sentence for assistance to prosecution) and any other rule of law by virtue of which an offender may receive a discounted sentence in consequence of assistance given (or offered) to the prosecutor or investigator. Automatic orders on conviction for sexual offences, Additional note: Availability of ancillary orders, 1. Forfeiture and destruction of goods bearing unauthorised trade mark, 17. Where the offender is a care leaver the court should enquire as to any effect a sentence may have on the offender’s ability to make use of support from the local authority. 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