A thief who targets a vulnerable victim could escape a jail term under sentencing guidelines proposed today.

The normal starting point for punishing a theft from a vulnerable person - such as the elderly - should be 18 weeks’ imprisonment, the Sentencing Guidelines Council (SGC) said.

But the body, which advises the courts on sentences, said that where there are mitigating circumstances, a community order could be imposed.

Mitigation could include criminals who stole to feed a drugs, alcohol or gambling addiction, or who were “motivated by desperation or need”, the council said.

The Sentencing Advisory Panel, which advises the SGC, said: “The most likely predicted outcome is that there will be more offenders than at present given a fine or a discharge, and fewer given either a community order or a custodial sentence.”

Higher sentences could be handed out if items stolen are worth more than £2,000 or are of high sentimental value, the guidelines said.

Even though the maximum penalty allowed under law for “theft from the person” is seven years’ imprisonment, the SGC proposed a maximum of three years in cases that involved force or intimidation against a vulnerable victim.

Thieves who steal from shops could escape a prison term even if they use force that results in minor injuries to a victim, or if they use intimidation, said the council.

The starting point for a punishment in such cases should be six weeks in jail but could reduce to a high level community order if there are mitigating circumstances.

Those who shop-lift from small, independent traders should get stiffer sentences, the draft guidelines said.

In all the offences considered, mitigation could include criminals who stole to feed a drugs, alcohol or gambling addiction, or who were “motivated by desperation or need”, said the council.

The SGC, an official body chaired by the most senior judge in England and Wales, draws up guidelines for judges and magistrates.

Today’s proposals are open for consultation until May, and do not cover house burglary.

Explore Law

• Columnists

• Law Panel

• Law Reports

• Student Law

Times Recommends

• UK legal industry faces loss of 10,000 lawyers
• Curious case of chocolate bunny trademark
• Divorce settlement granted after 22 years