Sentencing Council consultation on a guideline for arson and criminal damage offences - Law Society response

In this response to the Sentencing Council, the Law Society is in favour of the general structure of the guideline and most of the proposed mitigating and aggravating factors, and suggested the addition of two further factors.

It was submitted that the highest culpability category for the arson offence should only include offences committed with intent, and that offences involving recklessness should be in the medium culpability category. Otherwise there is a risk of inadvertent sentence inflation, the Society says.