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7.1 In 1998, the overall number of convictions per 1,000 population fell to 59 for males and 9 for females; the rate decreased for all age groups. Compared with 1988, the number of convictions per 1,000 population was lower for all age groups except females aged 25 and under. The number of convictions of 16 year old and 17 year old males per 1,000 population fell by around two-fifths and a fifth respectively between 1988 and 1998. For other males aged under 21, the rate generally increased between 1988 and 1992, dipped and then rose again between 1992 and 1996, before tailing off again in the last couple of years. Before decreasing in 1998, the number of females convicted per 1,000 population generally increased between 1988 and 1992 and then dipped in 1993 and 1994. The rate for younger (aged under 21) females then increased between 1994 and 1997, while the rate for older females remained relatively constant.
7.2 More males than females were convicted for almost all crime and offence categories in 1998. The main exception was for "other" crimes of indecency, where females accounted for 86 per cent of what are mainly offences related to prostitution. The other categories where the number of females convicted formed a substantial proportion of the total were shoplifting (28 per cent), "other" theft (18 per cent) and the "other" miscellaneous offences category (18 per cent). The latter category mainly relates to non-payment of a television licence. These three categories accounted for 12 per cent, 6 per cent and 10 per cent respectively of all convictions for females. The corresponding proportions for males were 5 per cent, 4 per cent and 7 per cent.
7.3 In 1998, convictions for non-sexual crimes of violence accounted for 5 per cent or less of persons with a charge proved for all age and sex groupings, with the highest percentage being for males aged under 21. The main differences between age groups in the distribution of types of offence with a charge proved is accounted for by the higher proportion of motor vehicle offences for those aged over 21. For males and females aged under 21, 27 per cent and 34 per cent respectively of convictions in 1998 were for crimes of dishonesty. Over two-thirds (69 per cent) of convictions for theft of a motor vehicle involved males aged under 21.
7.4 An individual may be proceeded against on more than one occasion over the course of the year, and persons aged under 21 are more likely than older offenders to be convicted on a number of occasions, and hence to be counted more than once. (Section 10 and Table 15 provide information on the number of individuals in each age group who were convicted in 1998.)
8.1 Between 1988 and 1998, the use of fines, the most common penalty, fell both absolutely and as a proportion of all penalties imposed. This is, in part, a result of those offences most likely to be punished by fines increasingly being dealt with outside the court, for example by "fiscal fines". It also reflects the increased use of other disposals including community sentences. Fines were the main penalty imposed in 68 per cent of convictions in 1998, one percentage point down on the proportion in 1997 and 10 percentage points down on the 78 per cent figure recorded for 1988. In 1998, a fine was the most frequent penalty imposed for motor vehicle offences (92 per cent) and for miscellaneous offences (62 per cent). Although less commonly used for crimes, a fine was still the main penalty in 42 per cent of all convictions for crimes of dishonesty.
Chart 5: Index of penalties imposed, 1988-1998 (1988=100)
8.2 In 1998, the average fine imposed rose by 4 per cent to £176, compared with an average of £170 in 1997, £164 in 1996, £153 in 1995, £141 in 1994 and £126 in 1993. These increases follow the change on 1 October 1992 to the fines table, which increased the amount of fine that can be imposed at each level. Fifty-two per cent of convictions resulting in a fine being imposed in 1998 were for £100 or less, and 20 per cent were for £50 or less. This compared with 76 per cent and 47 per cent respectively in 1988.
8.3 Other financial penalties were used much less frequently. Compensation orders, used as a main penalty, totalled 1,300 in 1998. They were most often used in addition to another penalty, generally a fine. In 1998, a total of 6,400 compensation orders were imposed as either a main or secondary penalty. This was a decrease of 6 per cent compared with 1997 and 37 per cent below the peak recorded in 1988. Compensation was ordered in 5 per cent of convictions in 1998 compared with 6 per cent in 1988. It was most frequently ordered in convictions for vandalism (44 per cent of such convictions). The average value of compensation order awarded was £245 in 1998, marginally higher than the average of £244 in 1997. Orders to find caution (where the offender is required to pledge a sum of money subject to their subsequent good behaviour) were very rarely used, accounting for only 75 main penalties in 1998.
8.4 The number of convictions resulting in a community service order in 1998 was 5,300, a decrease of 8 per cent on the total for 1997. Since April 1991, community service orders may only be imposed where otherwise the court intended to impose a custodial sentence. (Probation with a requirement that the offender shall perform unpaid work is not so specifically targeted as an alternative to custody. Such disposals, which numbered 1,400 in 1998, are included within the figures given for probation in this bulletin.) In 1998, the proportionate use of a community service order was highest for serious assault (18 per cent of sentences), handling an offensive weapon (14 per cent) and theft of a motor vehicle (12 per cent). Thirty-one per cent of all convictions resulting in a community service order were for crimes of dishonesty.
8.5 The number of convictions which resulted in a probation order in 1998 increased by 5 per cent to 7,100, and over twice the number recorded in 1988. The proportion of convictions resulting in an offender being placed on probation was highest for "other violence" (31 per cent), lewd and indecent behaviour (29 per cent), fire-raising (29 per cent) and sexual assault (23 per cent).
8.6 The number of convictions resulting in a custodial sentence in 1998 decreased by 2 per cent to 15,900. This followed a decrease of 4 per cent in 1997 and an average annual increase of 4 per cent a year between 1990 and 1996. As a proportion of all sentences, the use of custody has generally increased over the last 10 years, rising from 8 per cent in 1988 to over 11 per cent in 1998. For most types of crime or offence the proportion of convictions resulting in a custodial sentence in 1998 was generally within a couple of percentage points of the corresponding 1997 figure.
8.7 Custody is the most frequently used penalty for crimes involving violence. Excluding homicide, the categories with the highest proportions of convictions resulting in a custodial sentence were robbery (70 per cent), sexual assault (52 per cent) and serious assault (47 per cent). Forty-seven per cent of those convicted for housebreaking also received a custodial sentence. The increased use of custody recorded since 1988 for other miscellaneous offences is the result of including breaches of probation and community service orders in the figures for this group (see Annex, note 11). Forty-one per cent of all custodial sentences were imposed on persons convicted for crimes of dishonesty in 1998 compared with 52 per cent in 1988.
8.8 The average length of custodial sentences was 220 days in 1998, slightly below the 1997 figure of 227 days but 16 per cent higher than the 1988 average of 189 days. Over half (56 per cent) of all custodial sentences in 1998 were for 3 months or less; 83 per cent were for 6 months or less. The average length of determinate custodial sentences was over 7 months because of the effect of the relatively small number of long sentences. Crimes of violence were the most likely to attract long custodial sentences. Only 2 per cent of custodial sentences for crimes of dishonesty were for over two years whereas the corresponding proportions for non-sexual crimes of violence and sexual assault were 27 per cent and 75 per cent respectively. In 1998, just under half (49 per cent) of custodial sentences of over two years involved sentences of over 4 years.
8.9 In 1998, admonition or the use of caution was the most common outcome (32 per cent of occasions) in convictions for the "other" violence category. It was also a relatively frequent outcome in convictions for crimes against public justice (25 per cent), drunkenness (22 per cent), breach of the peace (19 per cent) and simple assault (15 per cent)
Sentencing by age and gender of offender
8.10 The pattern of penalties imposed in 1998 varied with the age and gender of the offender. Some of this variation reflects the different patterns of offending and conviction histories of different groups. Males accounted for 94 per cent of custodial convictions in 1998, and were more than twice as likely as females to receive a custodial sentence. Females accounted for 13 per cent of all convictions but for 25 per cent of admonitions and for 17 per cent of absolute discharges.
8.11 While the overall number of custodial sentences decreased by 2 per cent in 1998, this trend was not replicated across all groups. There was a 79 per cent increase (to 233) in the number of convictions resulting in a custodial sentence for females aged under 21, and a 13 per cent increase in the use of custody for older females. For males aged over 30, there was a 3 per cent rise in the number of custodial convictions, offset by a 5 per cent decrease for younger males.
8.12 The number of convictions resulting in community service and/or probation increased by 11 per cent in 1998 for females, with a 17 per cent increase for the 21-30 year old age group. The use of these types of sentence also increased by 6 per cent for males aged under 21, but decreased by 1 per cent for older males. For all those given community service, probation or custody, the proportion given custody fell from 68 per cent in 1988 to 56 per cent in 1998; this pattern was replicated for all male and female age groups. Most of the decline in this proportion occurred in the period 1988-1992, since when there has been little change, particularly for men.
8.13 Within the overall fall of 9 per cent in 1998 in the number of convictions leading to the offender being fined, there was a decrease of 8 per cent in the number of males fined and a decrease of 12 per cent in the number of females fined. Within the 7 per cent overall fall for other penalties, mainly admonition, the decrease for males aged under 21 (4 per cent) and females aged under 21 (1 per cent) were smaller compared with the decreases recorded for older age groups.
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