Intimidatory Offences Definitive guideline

1 Definitive GUIDELINEI ntimidatory OffencesDefinitive GuidelineFor reference only. Please refer to the guideline (s) on the Sentencing Council website: For reference only. Please refer to the guideline (s) on the Sentencing Council website: Effective from 1 October 2018 ContentsApplicability of guideline 4 Harassment (putting people in fear of violence) 5 Protection from Harassment Act 1997 (section 4)Stalking (involving fear of violence or serious alarm or distress) Protection from Harassment Act 1997 (section 4A)Racially or religiously aggravated harassment (putting people in fear of violence) Crime and Disorder Act 1998 (section 32 (1)(b))Racially or religiously aggravated stalking (involving fear of violence or serious alarm or distress) Crime and Disorder Act 1998 (section 32 (1)(b))Harassment 13 Protection from Harassment Act 1997 (section 2)

2 Stalking Protection from Harassment Act 1997 (section 2A)Racially or religiously aggravated harassment Crime and Disorder Act 1998 (section 32 (1)(a))Racially or religiously aggravated stalking Crime and Disorder Act 1998 (section 32 (1)(a)) Crown copyright 2018 This publication is licensed under the terms of the Open Government Licence except where otherwise stated. To view this licence, visit we have identified any third party copyright information you will need to obtain permission from the copyright holders enquiries regarding this publication should be sent to us at: reference only. Please refer to the guideline (s) on the Sentencing Council website: Effective from 1 October 2018 Disclosing private sexual images 21 Criminal Justice and Courts Act 2015 (section 33)Controlling or coercive behaviour in an intimate or family relationship 27 Serious Crime Act 2015 (section 76)Threats to kill 33 Offences Against the Person Act 1861 (section 16)Annex.

3 Fine bands and community orders 40 For reference only. Please refer to the guideline (s) on the Sentencing Council website: Effective from 1 October 2018 Blank pageFor reference only. Please refer to the guideline (s) on the Sentencing Council website: Intimidatory Offences Definitive Guideline4 Effective from 1 October 2018 Applicability of guidelineT he Sentencing Council issues this Definitive guideline in accordance with section 120 of the Coroners and Justice Act 2009. The guidelines apply to all offenders aged 18 and older, who are sentenced on or after 1 October 2018, regardless of the date of the 125(1) of the Coroners and Justice Act 2009 provides that when sentencing Offences committed after 6 April 2010.

4 Every court -(a) must, in sentencing an offender, follow any sentencing guidelines which are relevant to the offender s case, and(b) must, in exercising any other function relating to the sentencing of offenders, follow any sentencing guidelines which are relevant to the exercise of the function, unless the court is satisfied that it would be contrary to the interests of justice to do so. Structure, ranges and starting points For the purposes of section 125(3)-(4) of the Coroners and Justice Act 2009, the guideline specifies offence ranges the range of sentences appropriate for each type of offence. Within each offence, the Council has specified a number of categories which reflect varying degrees of seriousness.

5 The offence range is split into category ranges sentences appropriate for each level of seriousness. The Council has also identified a starting point within each points define the position within a category range from which to start calculating the provisional sentence. The court should consider further features of the offence or the offender that warrant adjustment of the sentence within the range, including the aggravating and mitigating factors set out at step two. Starting points and ranges apply to all offenders, whether they have pleaded guilty or been convicted after trial. Credit for a guilty plea is taken into consideration only at step four in the decision making process, after the appropriate sentence has been on community orders and fine bands is set out in the annex at page 40.

6 For reference only. Please refer to the guideline (s) on the Sentencing Council website: Intimidatory Offences Definitive Guideline5 Effective from 1 October 2018 Harassment (putting people in fear of violence) Protection from Harassment Act 1997 (section 4)Stalking (involving fear of violence or serious alarm or distress) Protection from Harassment Act 1997 (section 4A)Triable either way Maximum: 10 years custody Offence range: Fine 8 years custodyRacially or religiously aggravated harassment (putting people in fear of violence) Crime and Disorder Act 1998 (section 32(1)(b))Racially or religiously aggravated stalking (involving fear of violence or serious alarm or distress) Crime and Disorder Act 1998 (section 32(1)(b))Triable either way Maximum: 14 years custody The racially or religiously aggravated offence is a specified offence for the purposes of section 226A (extended sentence for certain violent or sexual Offences ) of the Criminal Justice Act 2003 Where offence committed in a domestic context, also refer to the Overarching principles.

7 Domestic abuse guidelineFor reference only. Please refer to the guideline (s) on the Sentencing Council website: Intimidatory Offences Definitive Guideline6 Effective from 1 October 2018 STEP ONED etermining the offence categoryThe court should determine the offence category with reference only to the factors in the tables below. In order to determine the category the court should assess culpability and harm. The level of culpability is determined by weighing up all the factors of the case. Where there are characteristics present which fall under different levels of culpability, the court should balance these characteristics to reach a fair assessment of the offender s culpability.

8 Culpability demonstrated by one or more of the following:AVery high culpability - the extreme nature of one or more culpability B factors or the extreme culpability indicated by a combination of culpability B factors may elevate to category culpability: Conduct intended to maximise fear or distress High degree of planning and/or sophisticated offence Persistent action over a prolonged period Offence motivated by, or demonstrating, hostility based on any of the following characteristics or presumed characteristics of the victim: age, sex, disability, sexual orientation or transgender identity CMedium culpability:Cases that fall between categories B and D, and in particular: Conduct intended to cause some fear or distress Some planning Scope and duration of offence that falls between categories B and D DLesser culpability: Offender s responsibility substantially reduced by mental disorder or learning disability Conduct unlikely to cause significant fear or distress Little or no planning Offence was limited in scope and durationHarm The level of harm is assessed by weighing up all the factors of the case.

9 Category 1 Very serious distress caused to the victim Significant psychological harm caused to the victim Victim caused to make considerable changes to lifestyle to avoid contactCategory 2 Harm that falls between categories 1 and 3, and in particular: Some distress caused to the victim Some psychological harm caused to the victim Victim caused to make some changes to lifestyle to avoid contactCategory 3 Limited distress or harm caused to the victimWhere offence committed in a domestic context, also refer to the Overarching principles: Domestic abuse guidelineFor reference only. Please refer to the guideline (s) on the Sentencing Council website: Intimidatory Offences Definitive Guideline7 Effective from 1 October 2018 STEP TWOS tarting point and category range Having determined the category at step one, the court should use the corresponding starting point to reach a sentence within the category range below.

10 The starting point applies to all offenders irrespective of plea or previous should consider whether to ask for psychiatric reports in order to assist in the appropriate sentencing (hospital orders, or mental health treatment requirements) of certain offenders to whom this consideration may be : 10 years' custody (basic offence)CulpabilityHarmABCDC ategory 1 Starting point 5 years custody Starting point 2 years 6 months custodyStarting point 36 weeks custodyStarting point 12 weeks custodyCategory range 3 years 6 months 8 years custodyCategory range 1 4 years custodyCategory range 12 weeks 1 year 6 months custodyCategory range High level community order 36 weeks custodyCategory 2 Starting point 2 years 6 months custodyStarting point 36 weeks custodyStarting point 12 weeks custodyStarting point High level community orderCategory range 1 4 years custodyCategory range 12 weeks 1 year 6 months custodyCategory range High level