Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what discussions he has had with the Sentencing Council on introducing tougher sentences for repeat (a) motorbike and (b) car theft offenders.

The maximum sentences available for criminal offences are set by Parliament. Theft of a motor vehicle may be prosecuted under different provisions of the Theft Act 1968 (“the Act”). For example, theft of a motor vehicle under section 1 of the Act is a triable either way offence, with a maximum sentence of seven years’ imprisonment.

The independent judiciary will determine the appropriate sentence in individual cases within the maximums set by Parliament, and in line with any relevant sentencing guidelines issued by the Sentencing Council for England and Wales.

The Sentencing Council has issued guidelines on theft of a motor vehicle, which provide the Court with guidance on factors that should be considered, which may affect the sentence given. They set out different levels of sentence based on the harm caused and how culpable the offender is. The guidelines also include non-exhaustive lists of aggravating and mitigating factors which can result in an upward or downward adjustment in the sentence. Previous convictions can be taken into account by the Court as aggravating factor, increasing the seriousness of an offence; the guidelines are clear that sentencers must consider their nature and relevance, as well as the time elapsed since the previous conviction(s). The guidelines can be found online at the Council’s website: https://sentencingcouncil.org.uk/.

Whilst the Government has no current plans to ask the Council to consider reviewing the guidelines on motor theft, it is open to individuals to approach the Council to ask that it does so.