Assault occasioning actual bodily harm / Racially or religiously aggravated ABH
s.47 Offences Against the Person Act 1861, s.29 Crime and Disorder Act 1998 · Triable either way
Sentencing framework
The guideline for assault occasioning actual bodily harm and its racially or religiously aggravated form outlines a structured approach to sentencing. Factors such as culpability and harm are assessed, leading to specific starting points and ranges for sentences. The court is encouraged to identify aggravating and mitigating factors to tailor the sentence appropriately, ensuring justice is served.
Maximum sentence
5 years’ custody for ABH, 7 years’ custody for racially or religiously aggravated ABH
Court
Triable either way
Starting point
2 years 6 months’ custody for Category 1 high culpability
Offence range
Fine – 4 years’ custody for ABH, 0 – 7 years for racially or religiously aggravated ABH
Aggravating factors
- ·Previous convictions
- ·Offence committed whilst on bail
- ·Offence motivated by hostility based on victim's characteristics
- ·Offence committed against an emergency worker
Mitigating factors
- ·No previous convictions
- ·Remorse
- ·Positive character and/or exemplary conduct
- ·Age and/or lack of maturity
- ·Mental disorder or learning disability, where not linked to the commission of the offence
Sentencing range explorer
Select the culpability level and harm category to see the guideline's starting point and category range. This is an educational illustration of the published guideline — not a sentence calculation, and not legal advice. Courts apply the full step-by-step process, aggravating and mitigating factors, and the totality principle.
Culpability
Harm
Select a culpability level and a harm category above.
The sentencing process, step by step
- Step 1 — Determining the offence category
- Step 2 — Identifying culpability and harm
- Step 3 — Adjustments based on complexity of circumstances
- Step 4 — Considering the potential for rehabilitation
- Step 5 — Applying the sentencing table
- Step 6 — Finalizing the sentence based on overall assessment
Always read the full guideline
This is a one-page summary. For any live case, sentencing exercise, or legal advice the authoritative source is the Sentencing Council's own definitive guideline — including the category bands, step-by-step sentencing approach, and all statutory factors not captured here.
Open the full guideline on sentencingcouncil.org.ukSource: Sentencing Council · Crown copyright, licensed under Open Government Licence v3.0. Summary fetched 2026-06-28. Not legal advice — see a regulated adviser for any live case.