The Sentencing Council has issued a definitive guideline on the sentencing of sexual offences. Racial aggravation increases an offender’s culpability under the guideline and therefore the starting point and sentence range for the court to consider.
Prosecutors should assist the Court as necessary during the sentencing process, including drawing the Court’s attention to any relevant sentencing guidelines and the aggravating and mitigating features of the case.
Ultimately, sentencing is a matter for the court. Racial aggravation makes an offence more serious and the court has a duty to take this into account when it sentences a defendant.