Common assault / Racially or religiously aggravated common assault / Battery / Common assault on emergency worker

s.39 Criminal Justice Act 1988; s.29 Crime and Disorder Act 1998; s.1 Assaults on Emergency Workers (Offences) Act 2018 · Crown Court / Magistrates

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Sentencing framework

The guideline for common assault covers a range of scenarios, including racially or religiously aggravated offenses and assaults on emergency workers, providing clear classifications based on culpability and harm. It details maximum sentences and a structured framework for judges to apply starting points and category ranges, considering aggravating and mitigating factors to arrive at a fair sentence.

Maximum sentence

2 years' custody (for racially or religiously aggravated offences)

Court

Crown Court / Magistrates

Starting point

High level community order

Offence range

Discharge - 26 weeks’ custody

Aggravating factors

·Previous convictions
·Offence committed while on bail
·Offence motivated by or demonstrating hostility based on disability, sexual orientation, or transgender identity
·Offence committed against a person providing a public service
·Deliberate spitting or coughing
·Biting
·Offence committed in prison
·Presence of children
·Offence committed in a domestic abuse context
·Gratuitous degradation of victim
·Abuse of power and/or position of trust
·Any steps taken to prevent the victim reporting an incident

Mitigating factors

·No previous convictions or no relevant/recent convictions
·Remorse
·Positive character and/or exemplary conduct
·Significant degree of provocation
·Age and/or lack of maturity (for offenders aged 18-25)
·Mental disorder or learning disability
·Sole or primary carer for dependent relative(s)
·Determination and/or demonstration of steps taken to address addiction or offending behaviour
·Serious medical conditions requiring urgent treatment
·Pregnancy, childbirth and post-natal care
·Difficult and/or deprived background or personal circumstances
·Prospects of or in work, training or education

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.