The Director's Guidance on Adult Conditional Cautions

Annex B: Guidance for the Selection of Appropriate Conditions

Reparative

To make good the loss sustained by the victim or community and to repair relationships: e.g.

• to pay compensation, or to make payment to an appropriate local charitable or community fund
• to personally repair or make good the damage
• to undertake unpaid work not exceeding 20 hours
• to write a letter of apology
• to participate in restorative justice mediation

Rehabilitative

To stop or modify offending behaviour, or help reintegrate the offender into society: e.g.

• not to commit further offences for a defined period of time
• to attend a referral programme specifically related to the nature of the offending behaviour

Punitive

To punish where there are no other appropriate conditions or those conditions do not provide an appropriate and proportionate response to offending behaviour, specifically:

• to pay a financial penalty

A restrictive condition may be included with any of the above where to do so would assist in the achievement of one of the above objectives provided it is appropriate and proportionate to the offending behaviour and subsists for a reasonable period of time, e.g. not to approach a named victim, or specified property, or geographical location or specified event.

Financial penalty conditions banding

[only applicable in the pilot Areas]

Penalty Band: A

• Standard Penalty: 50
• Mitigated Penalty Offence: 40
• Scales: Summary only Level 1 - 3

Penalty Band: B

• Standard Penalty: 100
• Mitigated Penalty Offence: 50
• Scales: S5 Public Order Act and Summary only Level 4

Penalty Band: C

• Standard Penalty: 150
• Mitigated Penalty Offence: 100
• Scales: Summary only Level 5, & either way offences, including criminal damage

The Standard Penalty scale will apply unless the Crown Prosecutor is satisfied that there is substantial mitigation or the offender is in receipt of state benefit as his main or only source of income

Compensation for personal injuries

Graze

• Description: Depending on size
• Award: Up to £75

Bruise

• Description: Depending on size
• Award: Up to £100

Black eye

• Award: Up to £125

Minor cut - no permanent scar

• Description: Depending on size and whether stitched
• Award: £100 to £200

Sprain

• Description: Depending on loss of mobility
• Award: £100 to £200

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