Question to the Ministry of Justice:

To ask the Secretary of State for Justice, how many people were convicted or cautioned for an indictable offence did not receive an immediate custodial sentence and had a) one, b) two, c) three, d) four and e) five or more prior convictions for burglary in each of the past 5 years.

The information requested is provided in the attached excel table. This table includes data covering the period 2020 – 2024 on:

• The number of offenders who were a) convicted and b) cautioned for an indictable offence who did not receive an immediate custodial sentence by number of previous indictable convictions for specified offences, and

• The number of offenders who were convicted or cautioned for an indictable offence who did not receive an immediate custodial sentence by number of previous indictable convictions for specified offences.

This data is not regularly published or held in an easily accessible format. The information supplied has been sourced from a bespoke retrieval from the Police National Computer database.

Sentencing in individual cases is a matter for the independent judiciary. When deciding what sentence to impose, courts must consider the circumstances of the case, including the culpability of the offender, the harm they caused or intended to cause, and any aggravating and mitigating factors, in line with any relevant sentencing guidelines, developed by the Sentencing Council for England and Wales.

Previous convictions are already a statutory aggravating factor, with Sentencing Guidelines being clear that sentencers must consider the nature and relevance of previous convictions, and the time elapsed since the previous convictions.