The Director's Guidance on Adult Conditional Cautions
Annex A: Offences that may be Conditionally Cautioned
The following specific offences may be considered for diversion by way of a Conditional Caution:
Summary only offences
Any summary only offence, including:
- Common assault (level 5)
- Assaulting a police officer (level 5)
- Section 4 and 4A Public Order Act 1986 (level 5)
- Unlawful taking of a motor vehicle (level 5)
- Interference with vehicles (level 4)
- Section 5 Public Order Act 1986 (level 3)
- Obstructing a police officer (level 3)
- Drunk and disorderly (level 3)
- Simple drunk (level 1)
- Loitering or soliciting for the purposes of prostitution (level 2 or level 3 if previous conviction)*
but excluding any offence under the Road Traffic Act 1988 and the Road Traffic Offenders Act 1988 excepting the forgery of documents offence listed below.
Either way offences and attempts to commit these offences
The following offences triable either way specified in the Theft Act 1968:
- Theft
- Removal of articles from places open to the public
- Abstracting electricity
- False accounting
- Handling stolen goods
- Going equipped for stealing etc
The following offence triable either way specified in the Theft Act 1978:
- Making off without payment
The following offences triable either way specified in the Fraud Act 2006
- Making a false representation
- Failing to disclose information
- Fraud by abuse of position
- Possession of articles for use in frauds
- Making or supply articles for use in frauds
- Obtaining services dishonestly
The following offences triable either way specified in the Criminal Damage Act 1971
- Destroying or damaging property
- Threats to destroy or damage property
- Possessing anything with intent to destroy or damage property
The following offence triable either way specified in the Misuse of Drugs Act 1971*
- Possession of any class of drug (consistent with personal use)
The following offence triable either way specified in the Road Traffic Act 1988 and Schedule 2 of the Road Traffic Offenders Act 1988 #
- Forgery of documents (including offences involving use of driving licence and insurance with intent to deceive)
The following offence triable either way specified in the Vehicle Excise and Registration Act 1994
- Forgery and Fraud (including fraudulent use of excise licence)
NOTE: Indictable only offences and Hate Crimes
All indictable only offences or those classified as hate crime, including any racially or religiously aggravated offence, any offences involving homophobic or transphobic aggravation, disability hate crime and domestic violence are excluded from consideration and may not be conditionally cautioned.
* NOTE 2: No financial penalty condition
may be imposed for loitering or soliciting for the purposes of prostitution, possession of any class of drug or an offence under the Road Traffic Act or Road Traffic Offenders Act 1998 (except # )
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