The Law To Know

← All countries, states and crimes

Criminal penalties in England and Wales

Checked in October 2026 against the Statutes of England and Wales on legislation.gov.uk, and the Sentencing Council's offence guidelines.

These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. We read the code in its original language and give the offences in plain English, with the legal term where it helps. For anything that matters, rely on the code itself. Not legal advice.

How England and Wales sets penalties

  • This page covers England and Wales only. Scotland and Northern Ireland have separate criminal law. England and Wales has no single criminal code: offences come from many statutes (the Offences against the Person Act 1861, the Theft Act 1968, the Sexual Offences Act 2003 and others) and from the common law, such as murder, manslaughter and kidnap.
  • Statutes usually set only a maximum, not a minimum. 'Liable to imprisonment for life' or 'for a term not exceeding 10 years' is typical. The court then follows the Sentencing Council's offence guidelines, which set starting points and ranges below the maximum. The guideline ranges are guidance, not law, so this table shows the statutory maximum and mentions the minimum only where the law sets one.
  • Murder is the one offence with a fixed sentence, life imprisonment. The court then sets a 'minimum term' that must be served before release can be considered, or orders that the person is never released (a whole life order). Starting points: 15 years in the ordinary case, 25 years where the offender took a knife or other weapon to the scene and used it, 30 years in particularly serious cases, and a whole life order in exceptionally serious cases for offenders aged 21 or over (Sentencing Act 2020, Sch. 21).
  • Offences are 'indictable' (tried in the Crown Court), 'summary' (tried in a magistrates' court) or 'either way' (the case can go to either court).

Death penalty: No. The Murder (Abolition of Death Penalty) Act 1965 abolished the death penalty for murder, and a person convicted of murder is sentenced to life imprisonment.

Read the England and Wales legal-system profile in the Legal Families Atlas →

First-degree murder

Life imprisonment, with a minimum term of 15 years or more (and sometimes a whole life order)

  • Murder (common law) (Indictable offence (Crown Court))

    Least
    Life, with a minimum term set by the court
    Most
    Life imprisonment (mandatory), with a minimum term of 15 years as the starting point; 25 years where a weapon was taken to the scene; 30 years in particularly serious cases; or a whole life order

    The court may move the starting point up or down for aggravating and mitigating factors. The offender's age and a guilty plea can also affect the minimum term.

    Murder (Abolition of Death Penalty) Act 1965, s.1; Sentencing Act 2020, s.321 and Sch. 21

England and Wales has one offence of murder, with no degrees. The court sets how long the offender must serve before release can be considered.

Second-degree murder

The same offence: life imprisonment, with a minimum term of at least 15 years as the usual starting point

  • Murder in an ordinary case (no aggravating factors that raise the starting point) (Indictable offence (Crown Court))

    Least
    Life, with a minimum term of 15 years as the starting point
    Most
    Life imprisonment (mandatory)

    Sentencing Act 2020, Sch. 21, para. 5

England and Wales has no second-degree murder. A killing that would be second-degree elsewhere is murder, or manslaughter if a partial defence succeeds (see the next row).

Voluntary manslaughter

Up to life imprisonment (no statutory minimum)

England and Wales has one offence of manslaughter, with a maximum of life imprisonment. 'Voluntary manslaughter' is a killing that would be murder, where a partial defence reduces it to manslaughter: loss of control, diminished responsibility or a suicide pact. The Sentencing Council has separate guidelines for each form.

Robbery

Up to life imprisonment (no statutory minimum)

  • Robbery (stealing, using force or putting a person in fear of force) (Indictable offence (Crown Court))

    Least
    No minimum term set by the statute
    Most
    Life imprisonment

    Assault with intent to rob carries the same maximum.

    Theft Act 1968, s.8(2)

Burglary

Up to 10 years (a building that is not a home), 14 years (a home), life (aggravated burglary)

  • Burglary of a building that is not a dwelling (Indictable or either-way offence)

    Least
    No minimum term set by the statute
    Most
    10 years' imprisonment

    Theft Act 1968, s.9(3)(b)

  • Burglary of a dwelling (a home, including an inhabited vehicle or vessel) (Indictable or either-way offence)

    Least
    No minimum term set by the statute
    Most
    14 years' imprisonment

    Theft Act 1968, s.9(3)(a)

  • Aggravated burglary (burglary while having a firearm, imitation firearm, weapon or explosive with him) (Indictable offence (Crown Court))

    Least
    No minimum term set by the statute
    Most
    Life imprisonment

    Theft Act 1968, s.10; Sentencing Council guideline

Arson

Up to 10 years (criminal damage) or life (arson, or damage endangering life)

  • Criminal damage (without fire) (Indictable or either-way offence)

    Least
    No minimum term set by the statute
    Most
    10 years' imprisonment

    Criminal Damage Act 1971, s.1(1), s.4(2)

  • Arson (criminal damage by fire), and criminal damage with intent to endanger life or being reckless as to it (Indictable or either-way offence)

    Least
    No minimum term set by the statute
    Most
    Life imprisonment

    The Sentencing Council's guideline for arson and criminal damage by fire is at https://sentencingcouncil.org.uk/guidelines/arson-criminal-damage-by-fire/

    Criminal Damage Act 1971, s.1(2), s.1(3), s.4(1)

Aggravated assault

Up to 5 years (ABH, or wounding or GBH without intent) and up to life (wounding or GBH with intent)

England and Wales has no offence called 'aggravated assault'. It divides injury by the harm and the intent: actual bodily harm (ABH), wounding or grievous bodily harm (GBH), and the same with intent to do serious harm. A racially or religiously aggravated version of ABH or s.20 GBH has a 7-year maximum (Crime and Disorder Act 1998, s.29).

Rape and sexual assault

Up to 10 years (sexual assault) and up to life (rape)

Kidnapping

Up to life imprisonment (no statutory minimum)

  • Kidnap and false imprisonment (common-law offences) (Indictable offence (Crown Court))

    Least
    No minimum term set by the statute
    Most
    Life imprisonment

    The offences are defined by case law, not by statute.

    Common law; Sentencing Council guideline

Embezzlement

Up to 7 years (theft) or 10 years (fraud by abuse of position)

  • Theft (Indictable or either-way offence)

    Least
    No minimum term set by the statute
    Most
    7 years' imprisonment

    Theft Act 1968, s.7

  • Fraud (by false representation, by failing to disclose information, or by abuse of position) (Indictable or either-way offence)

    Least
    No minimum term set by the statute
    Most
    10 years' imprisonment (on conviction on indictment), or a fine, or both

    Fraud Act 2006, s.1(3)

England and Wales has no offence called 'embezzlement'. Taking money or property that one holds as an employee or agent is theft, or fraud by abuse of a position of trust.

Forgery

Up to 6 months or a fine (magistrates' court) and up to 10 years (Crown Court)

  • Forgery, copying or using a false instrument, and the related offences of Part I of the Forgery and Counterfeiting Act 1981 (Indictable or either-way offence)

    Least
    No minimum term set by the statute
    Most
    10 years' imprisonment (on conviction on indictment); on summary conviction, 6 months and a fine up to the statutory maximum

    Forgery and Counterfeiting Act 1981, s.6

Drunk driving, first offence

Up to 6 months in custody, or an unlimited fine, or both, and disqualification from driving for at least 12 months

  • Driving or attempting to drive with excess alcohol (Road Traffic Act 1988, s.5(1)(a)) (Summary offence (magistrates' court))

    Least
    No minimum term set by the statute
    Most
    6 months' imprisonment, or an unlimited fine, or both

    The guideline says the court must disqualify for at least 12 months (longer after earlier convictions). The Sentencing Council's offence range is a Band B fine to 26 weeks' custody.

    Road Traffic Act 1988, s.5; Sentencing Council guideline

  • Driving or attempting to drive when unfit through drink or drugs (Road Traffic Act 1988, s.4(1)) (Summary offence (magistrates' court))

    Least
    No minimum term set by the statute
    Most
    6 months' imprisonment, or an unlimited fine, or both

    Road Traffic Act 1988, s.4; Sentencing Council guideline

Compare with: France, Russia, Algeria, Morocco, Germany, Brazil, Spain, Italy, Japan, Turkey, Netherlands, Austria, Sweden, Switzerland, India, China.

Spotted a mistake? Tell us.