Having determined the category of the basic offence to identify the sentence of a non-aggravated offence, the court should now consider the level of racial or religious aggravation involved and apply an appropriate uplift to the sentence in accordance with the guidance below. The following is a list of factors which the court should consider to determine the level of aggravation. Where there are characteristics present which fall under different levels of aggravation, the court should balance these to reach a fair assessment of the level of aggravation present in the offence.
Maximum sentence for the aggravated offence on indictment is 2 years’ custody (maximum when tried summarily is 6 months’ custody)
Care should be taken to avoid double counting factors already taken into account in assessing the level of harm at step one
High level of racial or religious aggravation |
Sentence uplift |
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Racial or religious aggravation was the predominant motivation for the offence. Offender was a member of, or was associated with, a group promoting hostility based on race or religion. Aggravated nature of the offence caused severe distress to the victim or the victim’s family (over and above the distress already considered at step one). Aggravated nature of the offence caused serious fear and distress throughout local community or more widely. |
Increase the length of custodial sentence if already considered for the basic offence or consider a custodial sentence, if not already considered for the basic offence. |
Medium level of racial or religious aggravation |
Sentence uplift |
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Racial or religious aggravation formed a significant proportion of the offence as a whole. Aggravated nature of the offence caused some distress to the victim or the victim’s family (over and above the distress already considered at step one). Aggravated nature of the offence caused some fear and distress throughout local community or more widely. |
Consider a significantly more onerous penalty of the same type or consider a more severe type of sentence than for the basic offence. |
Low level of racial or religious aggravation |
Sentence uplift |
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Aggravated element formed a minimal part of the offence as a whole. Aggravated nature of the offence caused minimal or no distress to the victim or the victim’s family (over and above the distress already considered at step one). |
Consider a more onerous penalty of the same type identified for the basic offence. |
Magistrates may find that, although the appropriate sentence for the basic offence would be within their powers, the appropriate increase for the aggravated offence would result in a sentence in excess of their powers. If so, they must commit for sentence to the Crown Court.
The sentencer should state in open court that the offence was aggravated by reason of race or religion, and should also state what the sentence would have been without that element of aggravation.