Racially/religiously aggravated public order
Crime and Disorder Act 1998 s.31
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.
Factors increasing seriousness
Verbatim from the Sentencing Council guideline (non-exhaustive list).
- Previous convictions
- Offence committed whilst on bail
- Offence motivated by, or demonstrating hostility based on any of the following characteristics or presumed characteristics of the victim: disability, sexual orientation or transgender identity
- Planning
- Offence committed against those working in the public sector or providing a service to the public
- Leading role in group
- Vulnerable persons or children present
- Victim is targeted due to a vulnerability (or a perceived vulnerability) where not already taken into account in considering racial or religious aggravation
- History of antagonising the victim
- Victim(s) had no opportunity to escape situation (eg: offence occurred on public transport)
- Commission of offence whilst under the influence of alcohol/drugs
- Offence committed whilst on licence or post sentence supervision
- Failure to comply with current court orders
Factors reducing seriousness or reflecting personal mitigation
Verbatim from the Sentencing Council guideline (non-exhaustive list).
- Peripheral role in group activity
- No previous convictions or no relevant/recent convictions
- Remorse
- Positive character and/or exemplary conduct (regardless of previous convictions)
- Age and/or lack of maturity (which may be applicable to offenders aged 18-25)
- Mental disorder or learning disability
- Sole or primary carer for dependent relatives
- Pregnancy, childbirth and post-natal care
Last ingested: 2026-08-24 from sentencing-council.
The statute behind this offence
- Crime and Disorder Act 1998 — our full guide