Racially or religiously aggravated disorderly behaviour

Public Order Act 1986, s.5, Crime and Disorder Act 1998, s.31(1)(c) · Magistrates

Sentencing framework

The guideline for racially or religiously aggravated disorderly behaviour structures sentencing based on the determination of culpability and harm. Culpability is assessed through factors such as group targeting or use of force, and harm includes causing serious distress to victims. Courts utilize a set starting point for fines based on the severity of the offence, with potential adjustments for aggravating and mitigating circumstances.

Maximum sentence

Level 4 fine

Court

Magistrates

Starting point

Level 3 fine

Offence range

Discharge – Fine

Aggravating factors

·Previous convictions
·Offence committed whilst on bail
·Offence motivated by, or demonstrating hostility based on any of the following characteristics: disability, sexual orientation or transgender identity
·Planning
·Offence committed against those working in the public sector or providing a service to the public
·Commission of offence whilst under the influence of alcohol/drugs
·Vulnerable persons or children present
·Victim is targeted due to a vulnerability (or a perceived vulnerability)
·History of antagonising the victim
·Victim(s) had no opportunity to escape situation (e.g. offence occurred on public transport)
·Offence committed whilst on licence or post sentence supervision
·Failure to comply with current court orders

Mitigating factors

·No previous convictions or no relevant/recent convictions
·Remorse
·Positive character and/or exemplary conduct (regardless of previous convictions)
·Age and/or lack of maturity (which may be applicable to offenders aged 18-25)
·Mental disorder or learning disability
·Sole or primary carer for dependent relatives
·Pregnancy, childbirth and post-natal care
·Difficult and/or deprived background or personal circumstances
·Prospects of or in work, training or education

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 — starting point and category range.
Step 3 — aggravated offences (if applicable).
Step 4 — reduction for assistance to prosecution (if applicable).
Step 5 — reduction for guilty pleas (if applicable).
Step 6 — totality principle (if sentence for more than one offence).
Step 7 — compensation and ancillary orders (if applicable).
Step 8 — reasons for the sentence.
Step 9 — consideration for time spent on bail.

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.