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The Director's Guidance on Adult Conditional Cautions

Annex A: Either Way offences

Either Way offences having a sentencing starting point in a magistrates' court at custody or high level community order

Assault occasioning actual bodily harm - S.47 OAPA 1861

Wounding or causing grievous bodily harm - S.20 OAPA 1861

Possession of an offensive weapon - S.1Prevention of Crime Act 1953

Possession of a bladed article - S.139 Criminal Justice Act 1988

Harassment – putting people in fear of violence - S.4 Protection from Harassment Act 1977

Stalking - involving violence or serious alarm or distress - S4A Protection from Harassment Act 1977

Violent Disorder - S.2 Public Order Act 1986

Affray – S3 POA 1986

Cruelty to a child - S.1 Children and Young Persons Act 1933

Sexual Assault – S3 & S7 Sexual Offences Act 2003

Witness Intimidation - S.51 Criminal Justice and Public Order Act 1994

Either Way offences routinely dealt with at the Crown Court

Arson – S 1 and S 4 Criminal Damage Act 1971

Assault occasioning actual bodily harm (including Racial or religiously aggravated) - S.47 OAPA 1863

Assault W/I to resist arrest – S38 OAPA 1861

Bladed article/offensive weapon, possession of - S.139 Criminal Justice Act 1988

Burglary (dwelling) – S9 Theft Act 1968

Burglary (non dwelling) - S9 Theft Act 1968

Child prostitution and pornography – Sexual Offences Act 2003

Criminal damage (including Racial or religiously aggravated) over £5,000 – Criminal Damage Act 1971

Cruelty to a child - S.1 Children and Young Persons Act 1933

Drugs –class A – possession –Misuse of Drugs Act 1971

Drugs – Class A Produce – Supply - Misuse of Drugs Act 1971

Drugs –class B & C – supply possess w/I to supply Misuse of Drugs Act 1971

Drugs – Cultivation of cannabis - Misuse of Drugs Act 1971

Exploitation of prostitution - S33A, S52-53 Sexual Offences Act 2003

Firearm, carrying in a public place – S 19 Firearms Act 1968

Fraud (banking & insurance) – Fraud Act 2006

Fraud (confidence) – Fraud Act 2006

Fraud (possessing, making or supplying articles for use) – Fraud Act 2006

Grievous bodily harm/ unlawful wounding (including Racial or religiously aggravated) S.20 OAPA 1861

Handling Stolen Goods S22 - Theft Act 1968

Harassment (including Racial or religiously aggravated) - Protection from Harassment Act 1977

Human Trafficking Offences – S57-59 Sexual Offences Act 2003, S4 Asylum and Immigration Act 2004, S71 Coroners and Justice Act 2009

Identity documents – possess – Part 1 S1-5 Forgery Act 1861, Identity Cards Act 2006, Identity Documents Act 2010

Indecent Photographs of children – Protection of Children Act 1978

Keeping a brothel used for prostitution - Sexual Offences Act 1956

Protective Order – Breach of Public order Act s.2 violent disorder

Sexual Assault - S3 & S7 Sexual Offences Act 2003

Theft - Theft Act 1968

Threats to Kill – S16 OAPA 1861

Voyeurism - S67 Sexual Offences Act 2003

Witness intimidation - S.51 Criminal Justice and Public Order Act 1994

Cause death by Careless driving - S2B Road Traffic Act 1988

Cause death by driving unlicensed/disqualified - S3ZB Road Traffic Act 1988

Dangerous Driving - S2A Road Traffic Act 1988

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