Benefit Fraud Sentencing Guidelines
The sentencing guidelines below are based on a first time offender being found guilty after trial. Credit will be given for a guilty plea which will have the effect of reducing the sentence by up to a third, if the plea is entered at the earliest possible occasion. However any sentence will be decided upon by reference to the specific circumstances of each case.
In order to determine a possible sentence you must first assess which culpability bracket the offence falls under using the table below.
Offence Category
A - High Culpability | B - Medium Culpability | C - Lesser Culpability |
---|---|---|
A leading role where offending is part of a group activity | Other cases where characteristics for categories A or C are not present | Involved through coercion, intimidation or exploitation |
Involvement of others through pressure/influence | Claim not fraudulent from the outset | Performed limited function under direction |
Abuse of position of power or trust or responsibility | A significant role where offending is part of a group activity | |
Sophisticated nature of offence/significant planning |
Next you need to assess which 'harm' category the offence falls under by using either the table for 'Dishonest Representations For Obtaining Benefit' or 'False Representations For Obtaining Benefit' below. The 'harm' categories are divided up into amounts which represent the 'amount obtained or intended to be obtained'.
Then by using the A, B or C columns (representing the culpability categories) you can determine a possible sentence.
111a - Dishonest Representations For Obtaining Benefit
Harm | A | B | C |
---|---|---|---|
Category 1 £500,000 or more Starting point based on: £1,000,000 |
starting point: 5 years' custody category range: 4 years' - 6 years 6 months' custody |
starting point: 4 years' custody category range: 2 years 6 months' custody - 5 years' custody |
starting point: 2 years 6 months' custody category range: 15 months' custody - 3 years 6 months' custody |
Category 2 £100,000 or more and less than £500,000 Starting point based on: £300,000 |
starting point: 4 years' custody category range: 2 years 6 months' - 5 years' custody |
starting point: 2 years 6 months' custody category range: 15 months' - 3 years 6 months' custody |
starting point: 1 years' custody category range: 26 weeks' custody - 2 years 6 months' custody |
Category 3 £50,000 or more and less than £100,000 Starting point based on: £75,000 |
starting point: 2 years 6 months' custody category range: 2 years - 3 years 6 months' custody |
starting point: 1 years' custody category range: 26 weeks' - 2 years 6 months' custody |
starting point: 26 weeks' custody category range: High level community order - 36 weeks' custody |
Category 4 £10,000 or more and less than £50,000 Starting point based on: £30,000 |
starting point: 18 months' custody category range: 36 weeks' - 2years 6months' custody |
starting point: 36 weeks' custody category range: Medium level community order - 21 months' custody |
starting point: Medium level community order category range: Low level community order - 26 weeks' custody |
Category 5 £2,500 or more and less than £10,000 Starting point based on: £5,000 |
starting point: 36 weeks' custody category range: Medium level community order - 18 months' custody |
starting point: Medium level community order category range: Low level community order - 26 weeks' custody |
starting point: Low level community order category range: Band B Fine - Medium level community order |
Category 6 Less than £2,500 Starting point based on: £1,500 |
starting point: Medium level community order category range: Low level community order - 26 weeks' custody |
starting point: Low level community order category range: Band A Fine - Medium level community order |
starting point: Band A Fine category range: Discharge - Band B Fine |
112 - False Representations For Obtaining Benefit etc
Harm | A | B | C |
---|---|---|---|
Category 5 Above £2,500 Starting point based on £5,000 |
starting point: High level community order category range: Medium level community order - 16 weeks' custody |
starting point: Medium level community order category range: Band B Fine - High level community order |
starting point: Low level community order category range: Band A Fine - Medium level community order |
Category 6 Less than £2,500 Starting point based on £1,000 |
starting point: Medium level community order category range: Medium level community order - 16 weeks' custody |
starting point: Band B Fine category range: Band B Fine - Band C Fine |
starting point: Band A Fine category range: Discharge - Band B Fine |
Aggravating and Mitigating Factors
Additional aggravating factors | Additional mitigating factors |
---|---|
1. Number involved in the offence and role of the offender | 1. Peripheral involvement |
2. Use of another person's identity | 2. Misleading or incomplete advice |
The presence of one or more aggravating factors may indicate a more severe sentence within the suggested range while the presence of one or more mitigating factors may indicate a less severe sentence within the suggested range.
The presence of aggravating or mitigating factors of exceptional significance may indicate that the case should move to a higher or lower level of seriousness.
The Guidelines Are Taken From The Sentencing Council Website