criminal-law england-and-wales common-law encryption
Sentencing guidelines for Regulation of Investigatory Powers Act 2000 (RIPA)
<p>I have read into <a href="https://www.legislation.gov.uk/ukpga/2000/23/section/49" rel="nofollow noreferrer">section 49</a> of the <strong>Regulation of Investigatory Powers Act 2000 (RIPA)</strong> which can demand suspects surrender passwords for encrypted devices, and <a href="https://www.legislation.gov.uk/ukpga/2000/23/section/53" rel="nofollow noreferrer">section 53</a> makes it an offence not to do so when compelled.</p>
<p>I am confused as to why I was unable to find the <strong>sentencing guidelines</strong> for the above <strong>RIPA</strong> offences, to better understand how a judge would make a decision as to the sentence, and type of sentence (suspended, community order, immediate custodial etc...).</p>
<p>Why do some offences not appear on the sentencing guidelines website?</p>

<p>The statutory requirement for sentencing guidelines are at <a href="https://www.legislation.gov.uk/ukpga/2009/25/section/120?timeline=false" rel="nofollow noreferrer">section 120</a> Coroners and Justice Act 2009, which includes:</p>
<blockquote>
<p>(2) A sentencing guideline <strong>may be general in nature</strong> or limited to a particular offence, particular category of offence or particular category of offender.</p>
</blockquote>
<p>Therefore, not every offence etc requires - or has - its own specific sentencing guideline. (<em>Presumably as there are far too many offences to easily cover, so limited resources might need to be focused on the more common ones</em>.)</p>
<p>Note that at the foot of the Sentencing Council's <a href="https://www.sentencingcouncil.org.uk/explanatory-material/magistrates-court/item/using-the-mcsg/using-sentencing-council-guidelines/" rel="nofollow noreferrer">explantory materials</a> is this link:</p>
<blockquote>
<p>Where there is no guideline for an offence, refer to the <a href="https://www.sentencingcouncil.org.uk/overarching-guides/magistrates-court/item/general-guideline-overarching-principles/" rel="nofollow noreferrer">General guideline.</a></p>
</blockquote>
<p>Which states it is for:</p>
<blockquote>
<p>sentencing offences for which there is no offence specific sentencing guideline...</p>
</blockquote>
<p>So this General guideline is the one to be applied when dealing with a s.53 RIPA offence. (<em>I've not reproduced it here to save space</em>)</p>
