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General guideline: overarching principles

Coroners and Justice Act 2009, s.120 · Crown Court, Magistrates

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Sentencing framework

The guideline outlines a structured approach for sentencing, starting with assessing the seriousness of the offence based on culpability and harm. It considers aggravating and mitigating factors that may affect the sentence length, with a focus on personal circumstances and previous behaviour of the offender. It emphasizes fairness and the need to avoid disproportionate penalties while achieving justice.

Court

Crown Court, Magistrates

Aggravating factors

  • ·Previous convictions
  • ·Offence committed whilst on bail
  • ·Offence motivated by hostility based on victim characteristics
  • ·Offence against an emergency worker
  • ·Commission of the offence whilst under the influence of alcohol or drugs
  • ·Offence committed as part of a group
  • ·Use or threat of a weapon
  • ·Planning of an offence
  • ·Commission of the offence for financial gain
  • ·High level of profit from the offence
  • ·Abuse of trust
  • ·Restraint, detention, or degradation of the victim
  • ·Vulnerable victim
  • ·Victim was providing a public service or performing a public duty
  • ·Others put at risk of harm
  • ·Offence committed in the presence of others
  • ·Actions after the event
  • ·Blame wrongly placed on others
  • ·Failure to respond to warnings
  • ·Offence committed on licence or while subject to court orders
  • ·Offence committed in custody

Mitigating factors

  • ·No previous convictions or no relevant convictions
  • ·Positive character and exemplary conduct
  • ·Genuine remorse
  • ·Self-reporting
  • ·Cooperation with the investigation
  • ·Little or no planning
  • ·Lesser or subordinate role if acting with others
  • ·Involvement through coercion, intimidation, or exploitation
  • ·Limited awareness or understanding of the offence
  • ·Little or no financial gain
  • ·Delay since apprehension
  • ·Activity originally legitimate
  • ·Age and/or lack of maturity
  • ·Sole or primary carer for dependent relatives
  • ·Physical disability or severe medical condition
  • ·Mental disorder or learning disability
  • ·Demonstration of addressing addiction

The sentencing process, step by step

  1. Step 1 — Reaching a provisional sentence: assess seriousness based on culpability and harm.
  2. Step 2 — Aggravating and mitigating factors: adjust the provisional sentence if necessary based on these factors.
  3. Step 3 — Consider any factors that indicate a reduction for assistance to the prosecution.
  4. Step 4 — Reduction for guilty pleas should be taken into account where relevant.
  5. Step 5 — Assess dangerousness according to relevant guidelines.
  6. Step 6 — Special custodial sentence considerations for certain offenders.
  7. Step 7 — Ensure totality of the sentence is just and proportionate.
  8. Step 8 — Consider compensation and ancillary orders if applicable.
  9. Step 9 — Duty to provide reasons and explain the effect of the sentence.
  10. Step 10 — Consider credit for time spent on bail.

Guideline notes

  • This guideline applies to all individual offenders aged 18 and older and organisations that are sentenced on or after 1 October 2019. Factors considered include culpability, harm, aggravating and mitigating circumstances.

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.