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Assault occasioning actual bodily harm / Racially or religiously aggravated ABH

s.29 Crime and Disorder Act 1998, s.47 Offences Against the Person Act 1861 · Crown Court / Magistrates

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Sentencing framework

The guideline outlines a structured approach to sentencing for assault occasioning actual bodily harm, focusing on categorizing culpability and harm. Courts must assess these factors to determine the offence category, starting point, and range of sentences while considering both aggravating and mitigating factors to ensure a fair assessment of the offender's situation.

Maximum sentence

7 years’ custody

Court

Crown Court / Magistrates

Starting point

2 years 6 months’ custody

Offence range

Fine – 4 years’ custody

Aggravating factors

  • ·Previous convictions
  • ·Offence committed whilst on bail
  • ·Offence motivated by racial or religious hostility
  • ·Offence against an emergency worker
  • ·Spitting or coughing
  • ·Offence against those working in the public sector
  • ·Offence committed in prison
  • ·Presence of children
  • ·Offence committed in a domestic context

Mitigating factors

  • ·No previous convictions
  • ·Remorse
  • ·Good character or exemplary conduct
  • ·Significant degree of provocation
  • ·History of significant violence or abuse towards the offender by the victim
  • ·Age and/or lack of maturity
  • ·Mental disorder or learning disability not linked to offence
  • ·Sole or primary carer for dependent relative(s)

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

  1. Step 1 — Determining the offence category
  2. Step 2 — Starting point and category range
  3. Step 3 — Consider any factors which indicate a reduction for assistance to the prosecution
  4. Step 4 — Reduction for guilty pleas
  5. Step 5 — Dangerousness
  6. Step 6 — Totality principle
  7. Step 7 — Compensation and ancillary orders
  8. Step 8 — Reasons
  9. Step 9 — Consideration for time spent on bail (tagged curfew)

Guideline notes

  • Magistrates must commit for sentence to the Crown Court if the appropriate increase for the aggravated offence would result in a sentence in excess of their powers.

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.uk

Source: 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.