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Disclaimer: This is not legal advice. Legislation and case law change. Always consult a qualified solicitor for your specific situation.

UK Law Reference
All sentencing guidelines
both court
England & Wales

Threatening behaviour – fear or provocation of violence/ Racially or religiously aggravated threatening behaviour – fear or provocation of violence

Maximum sentence: 6 months’ custody · guideline effective from 01 January 2020

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.

Read the full guideline on sentencingcouncil.org.uk

The structured 5-step process

  1. Offence category. Determine harm and culpability (usually 1-3 each) — this gives a 3×3 grid.
  2. Starting point and range. The guideline specifies a starting-point sentence for each cell of the grid plus a range above and below.
  3. 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).
  4. Guilty-plea reduction. Up to one-third reduction for plea at first reasonable opportunity (sliding scale down to 10% if pleaded at trial).
  5. 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 where offending is part of group activity
  • 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).

  • Minor/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.

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