sentmai
Just so we can be crystal clear about the use of intimidation as a crime, please find the guidelines below from the sentencing council. I don't think anyone ,including the courts would have any problem charging the defendants (men in the masks) in the footage with the offence below:
Harassment – (without violence) / Racially or religiously aggravated harassment (non violent)
Protection from Harassment Act 1997, s.2, Crime and Disorder Act 1998, s.32
Effective from: 04 August 2008
Harassment
Triable only summarily
Maximum: Level 5 fine and/or 6 months
Racially or religiously aggravated harassment
Triable either way
Maximum when tried summarily: Level 5 fine and/or 6 months
Maximum when tried on indictment: 2 years
Where offence committed in domestic context, refer to guidance
User guide for this offence
Offence seriousness (culpability and harm)
A. Identify the appropriate starting point
Starting points based on first time offender pleading not guilty
Examples of nature of activity Starting point Range
Small number of incidents Medium level community order Band C fine to high level community order
Constant contact at night, trying to come into workplace or home, involving others 6 weeks custody Medium level community order to 12 weeks custody
Threatening violence, taking photographs, sending offensive material 18 weeks custody 12 to 26 weeks custody
Band ranges
Community orders table
Custodial sentences
B. Consider the effect of aggravating and mitigating factors (other than those within examples above)
The following may be particularly relevant but these lists are not exhaustive
Factors indicating higher culpability
Planning
Offender ignores obvious distress
Offender involves others
Using contact arrangements with a child to instigate offence
Factors indicating greater degree of harm
Victim needs medical help/counselling
Action over long period
Children frightened
Use or distribution of photographs
Factors indicating lower culpability
Limited understanding of effect on victim
Initial provocation
Common aggravating and mitigating factors
Form a preliminary view of the appropriate sentence
If offender charged and convicted of the racially or religiously aggravated offence, increase the sentence to reflect this element.
Refer to Explanatory Material on racial or religious aggravation.