Threatening behaviour – fear or provocation of violence / Racially or religiously aggravated threatening behaviour – fear or provocation of violence

Public Order Act 1986, s.4; Crime and Disorder Act 1998, s.31(1)(a) · Crown Court / Magistrates

Sentencing framework

The guideline for sentencing threatening behaviour focuses on establishing the offence category based on the offender's culpability and the harm caused. It provides a clear starting point for sentences categorized into community orders and custody, taking into account aggravating and mitigating factors. Offenders can receive reductions based on personal circumstances or minimal involvement in the crime, while serious circumstances such as previous convictions or planning may lead to harsher sentences.

Maximum sentence

2 years’ custody for racially or religiously aggravated; 6 months’ custody for standard threatening behaviour

Court

Crown Court / Magistrates

Starting point

High level community order for Category 1; Medium level community order for Category 2

Offence range

Discharge – 26 weeks’ custody for standard; Band C fine – 12 weeks’ custody for Category 2

Aggravating factors

·Previous convictions
·Offence committed whilst on bail
·Offence motivated by hostility based on victim's characteristics (disability, sexual orientation, or transgender identity)
·Planning
·Offence committed against those working in the public sector or providing a service to the public
·Leading role where offending is part of group activity
·Vulnerable persons or children present
·Victim targeted due to vulnerability
·History of antagonising the victim
·Victim had no opportunity to escape
·Commission of offence under influence of alcohol/drugs
·Offence committed whilst on licence or post sentence supervision
·Failure to comply with current court orders

Mitigating factors

·Minor/peripheral role in group activity
·No previous convictions or no relevant/recent convictions
·Remorse
·Positive character and/or exemplary conduct
·Age and/or lack of maturity
·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 — use the table to identify the starting point and category range based on the determined harm and culpability
Step 3 — consider any factors indicating a reduction for assistance to the prosecution
Step 4 — apply any reduction for a guilty plea
Step 5 — consider the totality principle if sentencing for multiple offences or where the offender is already serving a sentence
Step 6 — consider any compensatory or ancillary orders if applicable
Step 7 — give reasons for the sentence
Step 8 — ensure credit is given for time spent on bail, if applicable.

Guideline notes

This guideline applies only to offenders aged 18 and older. It is important for the court to consider any aggravating factors specific to racially or religiously aggravated offences.

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.