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Criminal damage (other than by fire) value not exceeding £5,000 / Racially or religiously aggravated criminal damage

Criminal Damage Act 1971, s.1(1), Crime and Disorder Act 1998, s.30 · Crown Court / Magistrates

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Sentencing framework

The guideline for sentencing this offence focuses on categorizing the severity based on culpability and harm levels, determining starting points for sentences, and including additional considerations for aggravating and mitigating factors. Offenders can receive community orders or fines, with maximum sentences varying significantly depending on whether the offence is racially or religiously aggravated.

Maximum sentence

14 years’ custody (aggravated), Level 4 fine and/or 3 months’ custody (basic offence)

Court

Crown Court / Magistrates

Starting point

High level community order

Offence range

Discharge – 3 months’ custody

Aggravating factors

  • ·Previous convictions
  • ·Offence committed whilst on bail
  • ·Damaged items of great value to the victim
  • ·Commission of offence whilst under the influence of alcohol or drugs
  • ·Victim is particularly vulnerable
  • ·Offence committed within a domestic context

Mitigating factors

  • ·No previous convictions or no relevant/recent convictions
  • ·Remorse
  • ·Positive character and/or exemplary conduct
  • ·Serious medical condition requiring urgent, intensive or long-term treatment
  • ·Age and/or lack of maturity (which may be applicable to offenders aged 18-25)
  • ·Sole or primary carer for dependent relative
  • ·Determination and/or demonstration of steps having been taken to address addiction or offending behaviour

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.