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There are likely to be unintended policy consequences that flow from the three-year threshold.

Conclusion
There are likely to be unintended policy consequences that flow from the three-year threshold. For example, when the government is deciding on the proposed statutory maximum custodial sentence for a new criminal offence, it is possible that it may be influenced by the three-year threshold so as to ensure that cases can be tried in the CCBD rather than by jury trial. Similarly, the threshold could have an indirect influence on the work of the Sentencing Council when producing guidelines for specific offences. (Conclusion, Paragraph 121) 93
Addressee Bodies
Ministry of Justice
Timeline
Recommendation age 0.1 yrs
Report published 10 Jun 2026