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<p> </p><p> </p><p>The sentencing framework and sentencing guidelines apply equally
to all offenders. Sentencing is entirely a matter for the courts, taking account of
all the circumstances of each case. This will include the seriousness of the offence,
including all aggravating and mitigating factors, and a guilty plea.</p><p> </p><p>Fraud
has a maximum penalty of 10 years' imprisonment and there are various other offences
which are specific to benefit fraud, with maximum penalties of up to seven years'
imprisonment. The courts must follow the relevant sentencing guideline in their approach
to sentencing. Last year, the Sentencing Council conducted a public consultation on
a new draft guideline for fraud and a new definitive guideline, informed by the responses
received, will apply in due course.</p><p> </p><p>In addition to criminal penalties,
those convicted of benefit fraud also face a restriction on their benefits for an
extended period.</p><p> </p><p>The number of men and women sentenced at all courts
for offences relating to benefit fraud in England and Wales from 2002 to2012 (latest
data available) can be viewed in the table.</p><p> </p><p>Please note that court proceedings
statistics for the year 2013 are planned to be published by the Ministry of Justice
on 15th May 2014.</p>
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