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Common Offences Guide

These are the offences reps see most often in England & Wales, grouped together. Each charge has its own page: elements, max penalty, sentencing link, disclosure prompts and interview themes from real station work.

Case citations are limited to established authorities in our registry. Check the current statute, guideline and CPS charging standard before you advise.

Who this guide is for

This guide is for accredited police station representatives, duty solicitors and trainees preparing for the CIT. Use it in disclosure meetings and consultations. It is not a substitute for up-to-date textbooks, the CPS Charging Standard, or your firm's charging policy.

Law stated here is England & Wales unless we flag Scotland or Northern Ireland separately on a page.

Actus reus and mens rea

Every offence has at least two components unless Parliament has created a strict-liability offence (rare, and usually flagged in the statute).

Actus reus

The prohibited conduct — what the defendant did or failed to do. For most offences this must be voluntary (see automatism). Causation may be required where the charge includes a result (e.g. "occasioning" ABH).

Mens rea

The mental element — what the prosecution must prove about the defendant's state of mind. This varies by offence: intention, recklessness (subjective foresight of risk), knowledge, or dishonesty. Some offences are strict-liability as to part of the actus reus (e.g. simple possession in certain drug cases).

Burden of proof

The prosecution must prove every element of the offence beyond reasonable doubt. The defendant bears no burden to prove innocence.

Verified case law

  • Woolmington v DPP[1935] AC 462

    The prosecution must prove guilt beyond reasonable doubt; the accused bears no burden to prove innocence.

Offence areas

Pick an area, then open the offence you need. URLs follow /CommonOffencesGuide/[id] (for example /CommonOffencesGuide/common-assault).

Violence and injury

Assaults, threats, strangulation, kidnap and resisting arrest — the bread-and-butter of Friday night custody.

Homicide and manslaughter

Murder, attempted murder, unlawful act and gross negligence manslaughter, and corporate manslaughter.

Sexual offences

From sexual assault and rape to indecent images, grooming and abuse of position of trust. Expect sensitive disclosure and early solicitor involvement.

Theft, burglary and robbery

Theft Act offences including shop theft, dwelling burglary, robbery and vehicle taking.

Fraud and financial crime

Fraud Act offences, money laundering, blackmail and benefit or revenue fraud.

Criminal damage and arson

Damage to property, threats to damage, arson and arson endangering life.

Drugs and psychoactive substances

Possession, supply, production, premises offences and psychoactive substance offences.

Public order

Section 4/4A/5 Public Order Act, affray, violent disorder, riot and football-related offences.

Harassment, stalking and protective orders

Harassment and stalking, controlling or coercive behaviour, and breaches of court orders.

Weapons and firearms

Knives, offensive weapons, bladed articles on school premises, and firearms offences.

Road traffic

Drink and drug driving, dangerous and careless driving, causing death or serious injury, and common summary RTA matters.

Communications and online

Malicious communications, network abuse and racial hatred offences.

Justice, police powers and breaches

Obstruction, witness intimidation, perverting the course of justice, bail failures and breach of court orders.

Children and families

Child cruelty, causing or allowing harm, and related safeguarding charges.

Animal offences

Animal cruelty, dangerous dogs and hare coursing.

Modern slavery and trafficking

Slavery and trafficking offences often charged alongside other indictable matters.

Terrorism and security

Terrorism Act offences — expect special procedures, early solicitor attendance and complex disclosure.

Regulatory and summary offences

Health and safety, food safety, TV licence and similar low-level regulatory matters at custody.

Other station matters

Miscellaneous charges that still turn up in custody from time to time.

General defences

These defences apply across multiple offence types. Whether they are available depends on the charge and the instructions — take full details at consultation.

Self-defence and prevention of crime

A person may use reasonable force to defend themselves or another, or to prevent crime (Criminal Justice and Immigration Act 2008, s.76). The force used must be reasonable in the circumstances as the defendant honestly believed them to be (even if mistaken). Excessive force is not a complete defence.

Verified case law

  • R v Palmer[1971] AC 814

    Self-defence is judged by what the defendant honestly believed was necessary in the circumstances.

  • R v Gladstone Williams[1987] 3 All ER 411

    A genuine but mistaken belief that force was necessary can found self-defence.

Station note: Take detailed instructions on what the client perceived (threat, weapon, size of attacker, escape routes). The police account and CCTV may differ — your client's honest belief is the starting point for advice.

Intoxication

Voluntary intoxication is not a defence to basic-intent offences but may negate specific intent for offences requiring purpose/intent (e.g. s.18 GBH). Involuntary intoxication may support a denial of mens rea where the defendant lacked capacity to form the required mental element.

Verified case law

  • DPP v Majewski[1977] AC 443

    Voluntary intoxication is no defence to basic-intent offences but may matter for specific intent.

Station note: Establish what the client consumed, when, and whether any medication or spiking may make intoxication involuntary. Intoxication rarely helps on common assault or s.47; it may matter for s.18 or dishonesty-based offences.

Duress and duress of circumstances

Duress (by threats) and duress of circumstances can excuse offences where the defendant reasonably believed death or serious injury would follow if they did not comply, and a person of reasonable firmness would have acted similarly. Not available for murder.

Verified case law

  • R v Hasan[2005] UKHL 22

    Duress requires no voluntary association with criminals knowing of possible pressure to offend.

Station note: Take full instructions on threats, who made them, and whether the client had realistic alternatives (including going to the police).

Insanity and automatism

Insanity (M'Naghten rules) applies where a defect of reason from disease of the mind caused the defendant not to know the nature of the act or that it was wrong. Automatism covers involuntary acts where there is no voluntary act.

Station note: If mental health, learning disability, or a medical episode is raised, explore whether capacity to form mens rea is in issue and whether an appropriate adult should have been present.

Consent

Consent is a defence to common assault/battery where the contact is within the ordinary scope of everyday life or falls within recognised exceptions (sport, surgery, etc.). Consent is not a defence to ABH or GBH unless a recognised exception applies.

Verified case law

  • R v Brown[1994] 1 AC 212

    Consent is not a defence to ABH or more serious harm outside recognised exceptions.

  • Collins v Wilcock[1984] 3 All ER 374

    Not every touch is battery; force must be intentional or reckless and outside the scope of ordinary social contact.

Station note: Consent arguments arise in pub fights, sport, and medical/procedure contexts. Clarify whether the client says they were attacked first or that contact was agreed.

Sentencing guidelines

Courts in England and Wales must follow Sentencing Council definitive guidelines unless it would be contrary to the interests of justice. Guidelines use a stepped approach: offence category (culpability and harm), starting point and range, then aggravating and mitigating factors, guilty plea reduction, and totality.

At the police station, guidelines help you explain likely outcomes if charged. They do not bind the police or CPS. Maximum penalties are set by Parliament; guidelines operate within those maxima.

Each offence page links its definitive guideline. The Sentencing Council index is the authoritative list.

Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.

Related guides

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Detention times, caution, reviews

Beginner's guide

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Knowledge base

49+ training articles for reps

Resources hub

Legislation, CPS, Sentencing Council links