The Director's Guidance on Conditional Cautioning
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 (as examples)
- Common assault (level 5)
- Assaulting a police officer (level 5)
- Obstructing a police officer (level 3)
- Section 4 and 4A Public Order Act 1986 (level 5)
- Section 5 Public Order Act 1986 (level 3)
- Violent behaviour in a police station (level 1)
- Drunk and disorderly (level 3)
- Simple drunk (level 1)
- Indecent exposure (level 3)
- Prostitution (level 2, or if after similar conviction, level 3)
- Kerb crawling (level 3)
- Unlawful taking of a motor vehicle (level 5) section 12 Theft Act 1968
- Interference with vehicles (level 4) Criminal Attempts Act 1981
but excluding any offence under the Road Traffic Act 1988 and the Road Traffic Offenders Act 1988.
Either way offences and attempts to commit these offences
Theft Act 1968:
- Theft (section 1-7)
- Removal of articles from places open to the public (section 11)
- Abstracting electricity (section 13)
- * Obtaining property by deception (section 15)
- * Obtaining a pecuniary advantage by deception (section 16)
- False accounting (section17)
- Handling stolen goods (section 22)
- Going equipped for stealing etc (section 25)
Theft Act 1978:
- * Obtaining services by deception (section1)
- * Evasion of liability by deception (section 2)
- Making off without payment (section 3)
* If the offence was committed before the 15th January 2007
Fraud Act 2006
- Making a false representation (sections 1 & 2)
- Failing to disclose information (sections 1 & 3)
- Fraud by abuse of position (sections 1 & 4)
- Possession of articles for use in frauds (section 6)
- Making or supply articles for use in frauds (section7)
- Obtaining services dishonesty (section 11)
Criminal Damage Act 1971
- Destroying or damaging property (section 1(1))
- Threats to destroy or damage property (section 2)
- Possessing anything with intent to destroy or damage property (section 3)
Misuse of Drugs Act 1971
- Possession of any class of drug (consistent with personal use) (section5)
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) (section 173)
Vehicle Excise and Registration Act 1994
- Forgery and Fraud (including fraudulent use of excise licence) (section 44)
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.