Blackmail

s.21 Theft Act 1968 · Crown Court

Sentencing framework

The guidelines for sentencing for blackmail involve determining the offence category based on culpability and harm. Sentencers consider multiple factors to decide on the appropriate sentence within set ranges, balancing the severity of the crime against mitigating and aggravating factors, ensuring that sentencing outcomes are fair and just.

Maximum sentence

14 years’ custody

Court

Crown Court

Starting point

6 years’ custody

Offence range

Community order – 10 years’ custody

Aggravating factors

·Previous convictions
·Offence committed while on bail
·Victim was particularly vulnerable
·Offence motivated by hostility based on victim's characteristics
·Conduct intended to maximise distress and/or humiliation
·Offence committed in a domestic abuse context
·Commission of offence whilst under the influence of alcohol or drugs

Mitigating factors

·Offender was in a lesser or subordinate role if acting with others
·No previous convictions or no relevant/recent convictions
·Remorse
·Difficult and/or deprived background or personal circumstances
·Prospects of or in work, training or education
·Positive character and/or exemplary conduct
·Physical disability or serious medical conditions
·Mental disorder or learning disability
·Age and/or lack of maturity
·Sole or primary carer for dependent relatives
·Determination to address addiction or offending behaviour

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 — Start point & category range based on harm & culpability
Step 3 — Consider any factors which indicate a reduction for assistance to the prosecution
Step 4 — Reduction for guilty pleas
Step 5 — Totality principle
Step 6 — Compensation and ancillary orders
Step 7 — Reasons for the sentence
Step 8 — Consideration for time spent on bail

Guideline notes

Sentencers should be aware of disparities in sentence outcomes for black and Asian offenders compared to white offenders, including the average custodial sentence length.

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.