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Witness intimidation

s.51(1) and s.51(2) Criminal Justice and Public Order Act 1994 · Crown Court / Magistrates

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Sentencing framework

The guideline for witness intimidation outlines a tiered structure for sentencing based on culpability and harm. Offences are categorized into three levels (A, B, C) depending on the severity of the act and its impact on the victim and the justice system. The starting points for sentences vary, and aggravating factors such as previous convictions and the presence of vulnerable victims can lead to harsher penalties, while mitigating factors like remorse and lack of previous convictions may result in lighter sentences.

Maximum sentence

5 years’ custody

Court

Crown Court / Magistrates

Starting point

2 years’ custody

Offence range

Community Order – 4 years’ custody

Aggravating factors

  • ·Previous convictions
  • ·Offence committed while on bail
  • ·Child present and/or child caused serious distress
  • ·Offence committed in custody
  • ·Offence committed in a domestic abuse context
  • ·Offender involves others in the conduct
  • ·Vulnerable victim
  • ·Commission of offence whilst under the influence of alcohol or drugs
  • ·Evidence concealed/destroyed
  • ·Offence committed on licence or post sentence supervision or while subject to court order(s)

Mitigating factors

  • ·No previous convictions or no relevant/recent convictions
  • ·Remorse
  • ·Positive character and/or exemplary conduct (regardless of previous convictions)
  • ·The offender was in a lesser or subordinate role if acting with others/performed limited role under direction
  • ·Determination, and/or demonstration of steps taken to address addiction or offending behaviour
  • ·Physical disability or serious medical conditions requiring urgent, intensive or long-term treatment
  • ·Mental disorder, learning disability (where not taken into account at step one)
  • ·Age and/or lack of maturity (which may be applicable to offenders aged 18-25)
  • ·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 — Starting point and category range
  3. Step 3 — Consider any factors which indicate a reduction for assistance to the prosecution
  4. Step 4 — Reduction for guilty pleas
  5. Step 5 — Totality principle
  6. Step 6 — Compensation and ancillary orders
  7. Step 7 — Reasons
  8. Step 8 — 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.