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Hatred against persons on religious grounds or grounds of sexual orientation

Public Order Act 1986, ss.18-23, ss.29B-29G · Triable either way

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Sentencing framework

The guideline for sentencing in cases of hatred against persons on religious grounds or sexual orientation is structured around assessing culpability and harm. The court determines the offence category to set a starting point for sentencing, which ranges from community orders to custodial sentences up to a maximum of 7 years. Both statutory and non-statutory aggravating and mitigating factors are considered to adjust the sentence appropriately based on individual circumstances.

Maximum sentence

7 years’ custody

Court

Triable either way

Starting point

3 years’ custody

Offence range

Community order – 6 years’ custody

Aggravating factors

  • ·Previous convictions
  • ·Planning of event or campaign designed to stir up hatred
  • ·Timing of incident – particularly sensitive social climate
  • ·Vulnerable/impressionable audience
  • ·Significant volume of publications published or disseminated
  • ·Used multiple social media platforms to reach a wider audience
  • ·Offence committed whilst on licence or subject to post sentence supervision
  • ·Failure to comply with current court orders

Mitigating factors

  • ·Minor/peripheral role in group activity
  • ·Positive character and/or exemplary conduct
  • ·No previous convictions
  • ·Offender took steps to limit dissemination
  • ·Remorse
  • ·Age and/or lack of maturity (particularly for young adults)
  • ·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

  1. Step 1 — determining the offence category
  2. Step 2 — assessing culpability and harm
  3. Step 3 — determining starting point and category range
  4. Step 4 — considering factors for assistance to prosecution
  5. Step 5 — reduction for guilty pleas
  6. Step 6 — ensuring totality principle
  7. Step 7 — compensation and ancillary orders
  8. Step 8 — giving reasons

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.