crown court
England & Wales
Assault by penetration
SOA 2003 s.2
Independent editorial summary — not an official statement of the court, tribunal, or regulator.
This is a reference summary — not a definitive sentence
Sentencing is highly fact-specific. The judge follows a structured process: (1) determine offence category (harm × culpability); (2) identify starting point and range; (3) apply aggravating/mitigating factors; (4) consider guilty-plea reduction; (5) consider totality and ancillary orders. Only the authoritative Sentencing Council guideline gives the full grid for this offence.
The structured 5-step process
- Offence category. Determine harm and culpability (usually 1-3 each) — this gives a 3×3 grid.
- Starting point and range. The guideline specifies a starting-point sentence for each cell of the grid plus a range above and below.
- Adjust for factors. Apply statutory and offence-specific aggravators (e.g. previous convictions, on bail, hate motivation) and mitigators (e.g. first offence, age, sole carer status).
- Guilty-plea reduction. Up to one-third reduction for plea at first reasonable opportunity (sliding scale down to 10% if pleaded at trial).
- Totality, ancillaries, reasons. Consider concurrent/consecutive sentences, ancillary orders (compensation, restraining, driving disqualification, victim surcharge), and give reasons.
Last ingested: 2026-06-16 from sentencing-council.