Sentencing guidelin...
 

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[Closed] Sentencing guidelines for cycle thieves

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 Ewan
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There are now specific guidelines for scrotes who nick bikes:

I would think that most scrotes would fall into the "B" category of culpability (some degree of planning, unless they just nick a bike lent outside a shop) and most bikes would fall into the category "3" of harm (£500-10k, unless the CPS can be bothered to argue significant additonal harm).

Long and short of it means a sentence of a community order to 9 months in the clink (less time on bail and discounts for pleading guilty etc).

As to weather that's enough or not... who knows?


 
Posted : 06/10/2015 7:43 am
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I'd say amputation of the right hand would be an appropriate sentence; it would prevent them from riding bikes. Bring on Sharia.


 
Posted : 06/10/2015 8:05 am
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In the grand scheme of things, having a bike nicked has to be pretty low down the pecking order or crimes.


 
Posted : 06/10/2015 8:09 am
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having a bike nicked has to be pretty low down the pecking order or crimes.
You still get offered victim support when it happens though! I was emotionally scarred when my Marin Sausalito got pinched. 🙁


 
Posted : 06/10/2015 8:11 am
 hugo
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The punishment/deterrent for theft doesn't seem to work well in the UK.

The punishment is a criminal record (custodial, suspended, slap on the wrist, etc) and paying back the person involved.

Here's the problem. Most thefts go unpunished. Asking someone to pay £1000 for stealing a £1000 bike when they've already nicked and flogged on £10,000 of bikes makes it a great deal for the thief. Sorry for stealing it, please have it back and I'll have another go. Have them do £10,000 of commmunity service to pay back society for the cost of thieves. Locking people up doesn't help - it's not a deterrent. Wearing a HMP Hi-vis jacket sweeping streets has a bigger impact imo.

Someone having a criminal record means they are far less likely to be able to secure a job. Once they've done their years worth of community service then it's expunged. They made a mistake, they've paid their dues, let's move on and allow them to make better choices next time.


 
Posted : 06/10/2015 8:27 am
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and most bikes would fall into the category "3" of harm (£500-10k

Most bikes certainly do not fall into that range.


 
Posted : 06/10/2015 8:32 am
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having a bike nicked has to be pretty low down the pecking order or crimes.

'Pecking order'?

There is little material difference (made of steel and alloy, pedals, chain two wheels etc) between an unused and unloved rusty BSO that lives permanently propped against a wall - and my old Raleigh (named after Grandfather, bought the week he died) that I've lovingly ugraded over the years with carefully sourced period-correct parts I could barely afford at the time. Thieves - take the car if you must but please leave me this or I will hunt you down like vermin.

Wait, are you saying theft itself is 'low down' on yr list, or just theft of bikes?


 
Posted : 06/10/2015 8:37 am
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Someone having a criminal record means they are far less likely to be able to secure a job. Once they've done their years worth of community service then it's expunged. They made a mistake, they've paid their dues, let's move on and allow them to make better choices next time.

http://hub.unlock.org.uk/knowledgebase/spent-now-brief-guide-changes-roa/
Most non-custodial sentences are spent after 1 year now (used to be 4 IIRC). Compensation orders are spent once they are paid.

Can't we just transport them to Australia? Seems like the colony down there is doing rather well...


 
Posted : 06/10/2015 8:41 am
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Most bikes certainly do not fall into that range.

I dunno, if we're talking most stolen then it's probably close to the truth. £1k+ bikes are rare in general, and <£500 wouldn't be worth the effort/risk of nicking?


 
Posted : 06/10/2015 8:52 am
 hugo
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Most non-custodial sentences are spent after 1 year now (used to be 4 IIRC).

I wasn't aware of that change. That's a good move - as long as they've paid back society in that time. A four year millstone round their neck when applying for jobs was no help to anyone.


 
Posted : 06/10/2015 8:57 am
 colp
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You still get offered victim support when it happens though! I was emotionally scarred when my Marin Sausalito got pinched

I think I'd be emotionally scarred too if somebody pinched my sausalito.


 
Posted : 06/10/2015 8:58 am
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Non custodial sentences are spent are year after the termination date of the order so if you gat a 2 year community order then it is rehabilitated 3 years after imposition . Provided you do not reoffend in the period , if you reoffend in the period you are not rehabilitated for the first offence until the rehabilitation period for the second is up.


 
Posted : 06/10/2015 9:09 am
 Ewan
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Most bikes certainly do not fall into that range.

I meant most bikes owned by people likely to read / comment on this thread...


 
Posted : 06/10/2015 11:22 am
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Let's not water theft down into petty crime. Most folk will have to make sacrifices of some sort to afford the nicer things in life. Some will make a lot of sacrifices to afford something they really, really want often working very hard in the process. Therefore how is having the thing or things stolen "pretty low down the pecking order"? Why should someone who can't be arsed working for something and just takes it not be punished appropriately?


 
Posted : 06/10/2015 11:30 am
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Chopping the hand off is a little harsh, don't you think?

I'd start with a finger per offence, working in towards the thumb from the pinkie. 6 offences in, they'd be rethinking their career I hope.

Think of it as an incentive scheme


 
Posted : 06/10/2015 11:34 am
 irc
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A four year millstone round their neck when applying for jobs was no help to anyone.

Well if I was an employer I'd prefer the ability to choose honest employees rather than thieves. But maybe that is just me. THey should have considered the "millstone" before committing the crime.

And of course for many occupations convictions are never spent.


 
Posted : 06/10/2015 11:37 am
 hugo
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It's not ideal, but the alternative is often for them to have to find their income elsewhere. Even less ideal.

For a crime like theft, they should be punished and rehabilitated. Having a limbo time whilst their record clears doesn't help the second part.

Locking people up and branding them a criminal for a long time doesn't work. We need to have productive (but still harsh) punishments that help them to get out of a cycle.


 
Posted : 06/10/2015 11:48 am
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The guy who took ours got a conditional discharge, despite him jemmying our garage open at 2am to get them and making off with 4 bikes.
He was also ordered to pay us £500 compensation. Guess how much of that I've seen?


 
Posted : 06/10/2015 11:49 am
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<£500 wouldn't be worth the effort/risk of nicking?

You reckon? Leave £500 in a duffel bag in the street, see how long it lasts.

I once bought a Decathlon special for ~£200. Left it in a 'secure' underground car park in a reasonably nice area of London, locked in a bike cage and secured with a big lock and chain. When I came back to it, someone had had a go at the lock.


 
Posted : 06/10/2015 12:11 pm
 irc
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It's not ideal, but the alternative is often for them to have to find their income elsewhere. Even less ideal.

You seem to be assuming that the thief was a productive member of society before his conviction. In my experience most thieves are unemployed when they commit their crimes. So were finding their income elsewhere already.

While I agree that convictions should be spent at some point a year is far too short. I think employers rights to know who they are employing should be valued more than a thief's convenience after conviction.


 
Posted : 06/10/2015 12:39 pm