Criminal Damage/Racially or religiously aggravated Criminal Damage (value exceeding £5000) Sentencing Guideline Survey Questions

Please select the magistrates' court you are accessing this from:*
Please note you can select 'Other' or 'Prefer not to say'.
Please write the name of your court here*
Please tell us whether you are magistrate, district judge, or deputy district judge:*
- Magistrate
- District judge
- Deputy district judge
Date of commission of offence:*
Use date picker or input, for example, 04/07/2020
Date of sentencing:*
Use date picker or input, for example, 04/07/2020

Part 1 of 13
Please select the offence*
This form should only be completed where the PRINCIPAL OFFENCE - i.e. the offence which, on the facts of the case, has attracted the highest sentence - is one of the offences listed below:
- Criminal damage (other than by fire) value not exceeding £5,000, Criminal Damage Act 1971, s.1 (1)
- Criminal damage (other than by fire) value exceeding £5,000, Criminal Damage Act 1971, s.1(1)
- Racially or religiously aggravated criminal damage, Crime and Disorder Act 1998, s.30
If the Criminal Damage value does not exceed £5,000 than please do not complete this survey and proceed to the Criminal Damage/ Racially or religiously aggravated Criminal Damage (value not exceeding £5000) Sentencing Guideline Survey
Gender of offender:*
- Male
- Female
- Non-binary/Other
Approximate age band of offender:*
- Under 18
- 18-25
- 26 and over
If the offender is Under 18 please do not complete and close the survey by clicking or touching the cross at the top of your browser window.

Part 3 of 13
Please select the factor(s) that determined the level of harm caused or risked:
Tick all that apply

Category 1
- Serious distress caused
- Serious consequential economic or social impact of offence
- High value of damage
Category 2
- Harm that falls between categories 1 and 3
Category 3
- No or minimal distress caused
- Low value damage
Which harm category did you apply to this offence?*
- Category 1
- Category 2
- Category 3

Part 4 of 13
Please select your sentence starting point:*
- Band B fine
- Low level community order
- High level community order
- 6 months’ custody
- 1 year 6 months’ custody
- None of the above
Please state your starting point:*
Did you decide to commit the offender to the Crown Court for sentence at this point, or did you wait to consider other factors?
- Yes, decided to commit at this point
- No, waited to consider other factors

Which category of racial or religious aggravation do you think applies to this offence?
- High level
- Medium level
- Low level
Did you consider it appropriate to adjust the sentence because of racial or religious aggravation?
- Yes
- No adjustment, or similar
- More requirements on a community order
- Increase in sentence length (e.g. length of custody, fine, number of hours of unpaid work)
- Raised threshold (e.g. from fine to CO, or CO to custody)
Please specify:

Part 8 of 13
Was the offence committed in a domestic context?*
- Yes
- No
Broadly speaking, how did the domestic context affect your sentencing decision?
- Increased the sentence (increased sentence length or raised threshold)
- Made little or no difference to the sentence
- Decreased the sentence
- Other
How did it increase the sentence?
Please give details if applicable:
How did it decrease the sentence?
Please specify:

Part 11 of 13
Taking all things into consideration, what would you say was the single most important factor affecting your sentence?

Part 12 of 13
Are there any aspects of the Covid-19 situation that may have affected the sentencing of this case?*
- Yes
- No
How did it affect it?
Please specify:

Part 13 of 13
Is there anything else you would like to tell us about how you sentenced this offence?

Explanatory materials