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Trespass with intent to commit a sexual offence

s.63 Sexual Offences Act 2003 · Crown Court, Magistrates

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Sentencing framework

The guideline structures sentencing for trespass with intent to commit a sexual offence by categorizing the severity of the offence into three categories based on harm and culpability. Each category has a designated starting point sentence and an offence range, allowing the court to adjust the sentence based on aggravating and mitigating factors. This ensures that the punishment is proportionate and takes into account the specific circumstances of the case.

Maximum sentence

10 years’ custody

Court

Crown Court, Magistrates

Starting point

4 years’ custody

Offence range

1 – 9 years’ custody

Aggravating factors

  • ·Previous convictions
  • ·Offence committed whilst on bail

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)

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 — starting point and category range
  3. Step 3 — consider any factors which indicate a reduction, such as assistance to the prosecution
  4. Step 4 — reduction for guilty plea
  5. Step 5 — dangerousness
  6. Step 6 — totality principle
  7. Step 7 — ancillary orders
  8. Step 8 — reasons
  9. Step 9 — consideration for time spent on bail (tagged curfew)

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.