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Racially or religiously aggravated common assault

Crime and Disorder Act 1998, s.29; Criminal Justice Act 1988, s.39 · Both

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Sentencing framework

The guideline structures sentencing for racially or religiously aggravated common assault by assessing the offence based on culpability and harm. It includes specific aggravating factors such as previous convictions, the context of the offence, and the offender's behavior during the offence. Mitigating factors can include a lack of prior convictions and personal circumstances, like being a carer or showing remorse.

Maximum sentence

2 years’ custody

Court

Both

Offence range

Discharge – 26 weeks’ custody

Aggravating factors

  • ·Previous convictions
  • ·Offence committed while on bail
  • ·Offence motivated by hostility based on race or religion
  • ·Spitting or coughing
  • ·Offence committed against those working in the public sector or providing a service to the public or against persons coming to the assistance of emergency workers
  • ·Offence committed in prison
  • ·Presence of children
  • ·Offence committed in a domestic context
  • ·Gratuitous degradation of victim
  • ·Abuse of power and/or position of trust
  • ·Any steps taken to prevent the victim from reporting an incident or obtaining assistance
  • ·Commission of offence whilst under the influence of alcohol/drugs
  • ·Offence committed whilst on licence or subject to post-sentence supervision
  • ·Failure to comply with current court orders

Mitigating factors

  • ·No previous convictions or no relevant/recent convictions
  • ·Remorse
  • ·Good character and/or exemplary conduct
  • ·Significant degree of provocation
  • ·Age and/or lack of maturity
  • ·Mental disorder or learning disability, where not linked to the commission of the offence
  • ·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, intensive or long-term treatment

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.