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Common Offences Guide

Actus reus, mens rea, defences, verified case law, and Sentencing Council guidelines for the offences police station representatives encounter most often in England and Wales.

Case citations are limited to established authorities only — no invented or unverified references. Always check the current statute, guideline, and case law before advising.

Who this guide is for

This guide is written for accredited police station representatives, duty solicitors, and trainee reps preparing for the CIT. It is a structured reference for disclosure meetings and private consultations — not a substitute for up-to-date textbooks, the CPS Charging Standard, or firm-specific charging advice.

Offences are listed with their statutory basis, elements, leading cases we have checked against primary sources, common defences, and links to the relevant Sentencing Council definitive guideline.

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.

Common offences

Jump to: Common assault and battery · Assault on an emergency worker · Assault occasioning actual bodily harm · Unlawful wounding / inflicting GBH · Wounding / GBH with intent · Threats to kill · Theft · Burglary · Robbery · Handling stolen goods · Going equipped for theft or burglary · Making off without payment · Taking a vehicle without consent · Aggravated vehicle taking · Criminal damage · Possession of a controlled drug · Possession with intent to supply · Possession of a bladed article / offensive weapon in public · Public order offences · Affray · Violent disorder · Fraud by false representation · Harassment / stalking · Harassment / stalking involving fear of violence · Breach of restraining order / non-molestation order · Driving / attempting to drive with excess alcohol · Fail to provide specimen for analysis · Careless driving · Dangerous driving · Failure to surrender to bail · Obstruct / resist a police constable · Theft from a shop or stall · Non-domestic burglary · Aggravated burglary · Abstracting electricity · Blackmail · Arson · Arson / criminal damage with intent to endanger life · Threats to destroy or damage property · Production of a controlled drug / cultivation of cannabis · Permitting premises to be used for drug offences · Drive whilst disqualified · Using a vehicle without insurance · Aggravated vehicle taking — injury caused · Aggravated vehicle taking — dangerous driving · Causing injury by wanton or furious driving · Assault with intent to resist arrest · Strangulation or suffocation · Controlling or coercive behaviour · Witness intimidation · Perverting the course of justice · Sexual assault · Rape · Assault by penetration · Possession of indecent photographs of children · Exposure · Voyeurism · Disclosing or threatening to disclose private sexual images · Sexual communication with a child · Meeting a child following sexual grooming · Sexual activity with a child · Drunk and disorderly in a public place · Riot · Breach of a criminal behaviour order · Carrying a firearm in a public place · Possession of a prohibited weapon · Possession of a firearm without certificate · Possession of firearm with intent to cause fear of violence · Money laundering · Cruelty to a child · Animal cruelty · Dog dangerously out of control causing injury · Disorderly behaviour with intent to cause harassment, alarm or distress · Disorderly behaviour · Breach of a sexual harm prevention order · Fail to comply with sex offender notification requirements · Producing a psychoactive substance · Causing death by careless or inconsiderate driving · Causing serious injury by careless or inconsiderate driving · Driving with a specified drug above the specified limit · Unfit through drink or drugs · In charge of a vehicle with excess alcohol · Fail to stop / report a road accident · Use of mobile telephone while driving · Speeding · Fail to give information of driver’s identity · Vehicle interference · Communication network offences · Football-related offences · Bladed article / offensive weapon on school premises · Possession of an offensive weapon in a public place · Drive otherwise than in accordance with a licence · Railway fare evasion · Taxi touting / soliciting for hire · Sexual assault of a child under 13 · Rape of a child under 13 · Administering a substance with intent · Slavery, servitude and forced labour / human trafficking · Racial / religious hatred offences · Kidnap / false imprisonment · Unlawful act manslaughter · Gross negligence manslaughter · Manslaughter by reason of loss of control · Manslaughter by reason of diminished responsibility · Attempted murder · Corporate manslaughter · Robbery — dwelling · Robbery — professionally planned commercial · Criminal damage · Bladed articles and offensive weapons — threats · Possession of firearm with intent to endanger life · Firearms — possession with intent · Possession of firearm by prohibited person · Firearms — transfer and manufacture · Firearms — importation · Aggravated vehicle taking — death caused · Causing death by dangerous driving · Causing death by careless driving under the influence · Causing death by driving: unlicensed or uninsured drivers · Causing death by driving: disqualified drivers · Causing serious injury by dangerous driving · Causing serious injury by driving: disqualified drivers · Being in charge with a specified drug above the limit · Unfit through drink or drugs · Fail to co-operate with preliminary · Fail to provide specimen for analysis · Possession / making / supplying articles for use in frauds · Benefit fraud · Revenue fraud · Bribery · Vehicle registration fraud · Causing a person to engage in sexual activity without consent · Assault of a child under 13 by penetration · Causing or inciting a child under 13 to engage in sexual activity · Sexual activity with a child family member · Arranging or facilitating the commission of a child sex offence · Engaging in sexual activity in the presence of a child / causing a child to watch · Abuse of position of trust: sexual activity with a child · Abuse of position of trust: sexual activity in presence of a child · Sexual activity with a person with a mental disorder impeding choice · Care workers: sexual activity with a person with a mental disorder · Inducement/threat/deception to procure sexual activity · Sex with an adult relative · Sexual activity in a public lavatory · Trespass with intent to commit a sexual offence · Committing an offence with intent to commit a sexual offence · Paying for the sexual services of a child · Causing/inciting/controlling prostitution for gain · Sexual exploitation of a child · Keeping a brothel used for prostitution · Causing or allowing a child to suffer serious physical harm / die · Committing an offence with intent to commit a human trafficking offence · Breach of slavery and trafficking prevention / risk order · Supplying / PWITS a psychoactive substance · Importing or exporting a psychoactive substance · Membership of a proscribed organisation · Support for a proscribed organisation · Funding terrorism · Collection of terrorist information · Possession for terrorist purposes · Preparation of terrorist acts · Encouragement of terrorism / dissemination of terrorist publications · Explosive substances · Failure to disclose information about acts of terrorism · Breach of a community order · Breach of a suspended sentence order · Breach of post-sentence supervision · Dog dangerously out of control causing death · Dog dangerously out of control injuring/killing an assistance dog · Possession of a prohibited dog / breeding/selling/advertising · Failing to protect a girl from risk of genital mutilation · Class A drugs — fail/refuse to provide a sample · Class A drugs — fail to attend/remain for initial assessment · Sale of knives etc to persons under 18 · Breach of disqualification from acting as a director · Breach of disqualification from keeping an animal · Hare coursing · Alcohol sale offences · TV licence payment evasion · No excise licence · No test certificate · Seat belt offences · Keeping a vehicle which does not meet insurance requirements · Unauthorised use of a trade mark etc. · Health and safety breaches · Food safety and hygiene breaches · Unauthorised deposit/treatment of waste / illegal discharges · Dog dangerously out of control · Sexual activity in presence of person with mental disorder impeding choice · Care workers: sexual activity in presence of person with mental disorder · Fraudulent evasion of a prohibition — controlled drug import/export · Failure to ensure animal welfare · Sexual activity in presence procured by inducement · Fail to stop when required by a police constable · Fail to comply with police constable directing traffic · School non-attendance · Using an untaxed vehicle · Fail to comply with traffic sign · Fail to comply with traffic sign · Dangerous parking · Lights defective · Tyres defective · Brakes defective · Steering defective · Exhaust defective · Fail to produce insurance certificate · Fail to produce test certificate · Fail to notify change of ownership to DVLA · No operator’s licence · Pelican / zebra crossing contravention · Fail to use appropriate child car seat · Stop on hard shoulder on motorway · Drive in reverse or wrong way on motorway · Drive when registration mark fails to conform with regulations · Condition of vehicle/accessories/equipment involving danger of injury · Weight/position/distribution of load involving danger of injury

Common assault and battery

Criminal Justice Act 1988, s.39 (common assault); battery at common law

Triable
Summary only
Maximum penalty
6 months' custody (s.39); higher maxima for racially/religiously aggravated variants and assault on an emergency worker under separate statutes

Actus reus

  • Assault: cause the victim to apprehend immediate unlawful personal violence (threat only — no touch required).
  • Battery: intentional or reckless application of unlawful force to another (even slight — e.g. spitting, grabbing).
  • Force must be unlawful — lawful authority or valid consent negates the actus reus.

Mens rea

  • Intention to cause apprehension of immediate violence (assault), or intention/recklessness as to applying force (battery).
  • Recklessness means the defendant foresaw the risk and went ahead anyway (subjective test).

Verified case law

  • Fagan v MPC[1969] 1 QB 439

    A continuing act can satisfy the actus reus of battery where the defendant maintains a situation they created.

  • 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.

  • R v Venna[1976] QB 421

    Mens rea for battery is intention or recklessness as to applying force.

Common defences

Self-defence (s.76 CJIA 2008) · Consent (within lawful bounds) · Prevention of crime · Lawful arrest/resistance issues

Sentencing Council

Sentencing Council definitive guideline effective 1 July 2021. Category by culpability and harm; offence range for basic common assault: discharge to 26 weeks' custody.

View definitive guideline ↗

At the police station

Very common at custody. Check CCTV/BWV, whether a weapon is alleged, and whether emergency-worker or racial/religious aggravation is in play (different maxima). Spitting at someone is battery even without injury.

Assault on an emergency worker

Assaults on Emergency Workers (Offences) Act 2018, s.1

Triable
Either way
Maximum penalty
2 years' custody (1 year for offences committed before 28 June 2022)

Actus reus

  • Common assault or battery (same actus reus as s.39) against an emergency worker acting in the exercise of functions as such a worker.
  • "Emergency worker" includes police, fire, ambulance, NHS workers and others defined in the Act (and Sentencing Code s.68).

Mens rea

  • Same mens rea as common assault/battery (intention or recklessness as to the assault/battery).
  • No separate requirement to know the victim was an emergency worker for the basic offence elements — but status drives charging and sentencing.

Verified case law

  • Fagan v MPC[1969] 1 QB 439

    A continuing act can satisfy the actus reus of battery where the defendant maintains a situation they created.

  • 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.

  • R v Venna[1976] QB 421

    Mens rea for battery is intention or recklessness as to applying force.

Common defences

Self-defence · Deny assault/battery · Consent (rare) · Challenge whether victim was acting as an emergency worker

Sentencing Council

Covered in the same Sentencing Council common assault guideline (effective 1 July 2021). Category the basic assault, then apply the emergency-worker uplift at Step 3; maximum 2 years' custody.

View definitive guideline ↗

At the police station

Extremely common in custody suites (spitting, kicking, resisting). Confirm whether charged under the 2018 Act or as s.39 / assault PC (Police Act 1996 s.89(1) — check current CPS charging practice). Take instructions on BWV and any struggle during restraint.

Assault occasioning actual bodily harm (ABH)

Offences Against the Person Act 1861, s.47

Triable
Either way
Maximum penalty
5 years' custody (7 years if racially/religiously aggravated under Crime and Disorder Act 1998, s.29)

Actus reus

  • An assault or battery (see above) that causes actual bodily harm.
  • ABH means more than trivial or transient harm — bruising, cuts, lost teeth, recognisable psychiatric injury (not mere fear/distress).
  • Causation: the assault must have caused the harm (operating and substantial cause).

Mens rea

  • Same mens rea as for the underlying assault or battery only — no need to intend or foresee ABH.
  • If the prosecution proves intentional/reckless assault and ABH resulted, s.47 is made out.

Verified case law

  • R v Savage; DPP v Parmenter[1992] 1 AC 699

    For s.47 OAPA, mens rea is that for common assault only; for s.20, subjective foresight of some physical harm is required.

  • R v Chan-Fook[1994] 1 WLR 689

    Psychiatric injury can amount to ABH if a recognised clinical condition; mere fear, panic or distress is not ABH.

  • R v Donovan[1934] 2 KB 498

    ABH must be more than transient or trifling harm.

Common defences

Deny assault/battery · Self-defence · Causation break (novus actus) · Consent (rare for ABH — see R v Brown)

Sentencing Council

Sentencing Council ABH guideline effective 1 July 2021. Offence range for s.47: fine to 4 years' custody; category by culpability and harm.

View definitive guideline ↗

At the police station

Police often charge s.47 where there are visible injuries. Ask for medical records/photos and whether the client admits any contact. Consider whether s.39 would suffice on the facts (charging standard).

Unlawful wounding / inflicting GBH (s.20)

Offences Against the Person Act 1861, s.20

Triable
Either way
Maximum penalty
5 years' custody (7 years if racially/religiously aggravated)

Actus reus

  • Wound: break in the continuity of the whole skin (both layers); or inflict/cause grievous bodily harm.
  • GBH means really serious harm — includes serious psychiatric injury and serious permanent disability.

Mens rea

  • Intention or recklessness as to causing some physical harm — need not be GBH-level harm.
  • "Maliciously" requires subjective foresight of some harm (Cunningham recklessness), not Caldwell recklessness.

Verified case law

  • R v Savage; DPP v Parmenter[1992] 1 AC 699

    For s.47 OAPA, mens rea is that for common assault only; for s.20, subjective foresight of some physical harm is required.

  • R v Cunningham[1957] 2 QB 396

    "Maliciously" in the 1861 Act requires subjective foresight of harm (Cunningham recklessness).

Common defences

Deny causation · Self-defence · No foresight/intent for any harm (accident) · Intoxication (limited — basic intent)

Sentencing Council

Sentencing Council s.20 guideline effective 1 July 2021. Offence range: community order to 4 years 6 months' custody; separate Step 3 uplift for racial/religious aggravation.

View definitive guideline ↗

At the police station

Distinguish from s.18 — s.20 does not require intent to cause GBH. Knife/glass cases often charged s.18; explore whether instructions support only recklessness as to minor harm.

Wounding / GBH with intent (s.18)

Offences Against the Person Act 1861, s.18

Triable
Indictable only
Maximum penalty
Life imprisonment

Actus reus

  • Wound or cause grievous bodily harm (as for s.20).

Mens rea

  • Specific intent: intention to cause GBH, or intention to resist/prevent lawful arrest and GBH results.
  • Recklessness is not enough for the main limb — the prosecution must prove purpose to cause really serious harm.

Verified case law

  • R v Savage; DPP v Parmenter[1992] 1 AC 699

    For s.47 OAPA, mens rea is that for common assault only; for s.20, subjective foresight of some physical harm is required.

Common defences

Deny intent for GBH (only s.20 if recklessness as to some harm) · Self-defence · Deny identification · Voluntary intoxication may negate specific intent if supported by facts

Sentencing Council

Sentencing Council s.18 guideline effective 1 July 2021. Offence range: 2–16 years' custody; starting points commonly 3–12 years depending on harm/culpability category.

View definitive guideline ↗

At the police station

Indictable-only — client will appear in Crown Court if charged. Focus instructions on whether any weapon use was aimed at causing really serious injury or merely to scare/escape.

Threats to kill

Offences Against the Person Act 1861, s.16

Triable
Either way
Maximum penalty
10 years' custody

Actus reus

  • Make a threat to kill another person.
  • Threat may be words, writing, or conduct conveying an intention to kill.

Mens rea

  • Intention that the person to whom the threat is made would fear it would be carried out.

Common defences

No threat to kill (venting / hyperbole) · No intention that the hearer would fear it would be carried out · Deny making the words/conduct · Context of self-defence / heated dispute

Sentencing Council

Sentencing Council guideline effective 1 October 2018. Offence range: community order to 7 years' custody.

View definitive guideline ↗

At the police station

Often arises in domestic and custody contexts ("I'll kill you"). Capture exact words, audience, and whether said in heat. Check for linked restraining-order / harassment issues.

Theft

Theft Act 1968, s.1

Triable
Either way (most general theft)
Maximum penalty
7 years' custody (s.1)

Actus reus

  • Dishonest appropriation of property belonging to another.
  • Appropriation: any assumption of the rights of an owner (including where the owner consented if obtained by deception).
  • Property: money, goods, land, things in action, etc. (s.4).

Mens rea

  • Dishonesty (Ivey test): (1) ascertain the defendant's actual belief about the facts; (2) was the conduct dishonest by the objective standards of ordinary decent people?
  • Intention to permanently deprive (or treat as own to dispose of) — borrowing may suffice if for the period and in circumstances making it equivalent to an outright taking (s.6).

Verified case law

  • Ivey v Genting Casinos[2017] UKSC 67

    The Ghosh test is no longer law; dishonesty is assessed objectively after establishing the defendant's actual belief about the facts.

  • DPP v Gomez[1993] AC 442

    Appropriation can occur even where the owner consented if obtained by deception.

  • R v Lloyd[1985] 1 QB 653

    Borrowing can amount to theft if there is intention to treat the goods as own to dispose of.

Common defences

Honest belief in legal right · Honest belief owner would consent · No intention to permanently deprive · No dishonesty on Ivey test

Sentencing Council

Sentencing Council "Theft — general" guideline effective 1 February 2016 (offence range discharge to 6 years). Separate guideline exists for theft from a shop or stall.

View definitive guideline ↗

At the police station

Check value, whether shop/theft-from-person sub-categories apply, and any CCTV. "I was going to pay" / "I thought it was mine" goes to dishonesty and permanent deprivation — take clear instructions.

Burglary

Theft Act 1968, s.9

Triable
Either way (with limited indictable-only dwelling cases — check current triability)
Maximum penalty
14 years' custody (dwelling); 10 years (other buildings)

Actus reus

  • Enter any building or part of a building as a trespasser.
  • With intent to steal, inflict GBH, or do unlawful damage (s.9(1)(a)); OR having entered as trespasser, steal/attempt GBH/unlawful damage (s.9(1)(b)).
  • Building includes inhabited vehicles/vessels (s.9(4)).

Mens rea

  • Knowledge or recklessness as to trespass at time of entry.
  • For s.9(1)(a): intent at time of entry; for s.9(1)(b): mens rea for the ulterior offence when inside.

Verified case law

  • R v Walkington[1979] 1 WLR 1169

    Entering a part of a building beyond permitted areas can be entry as a trespasser if the defendant knew or was reckless.

  • R v Collins[1973] QB 100

    Entry as a trespasser requires knowledge or recklessness as to lack of permission; mistaken belief in consent may negate trespass.

Common defences

No trespass (permission to enter) · No intent for ulterior offence (s.9(1)(a)) · Deny entry / identification · Inside building but not as trespasser

Sentencing Council

Revised domestic burglary guideline effective 1 July 2022 (offence range community order to 6 years). Separate non-domestic burglary guideline also exists. Third domestic burglary may trigger minimum sentencing provisions.

View definitive guideline ↗

At the police station

Establish whether dwelling/non-dwelling, time of day, occupants present, and value of goods. Distinction from simple theft — trespass element is key.

Robbery

Theft Act 1968, s.8

Triable
Indictable only
Maximum penalty
Life imprisonment

Actus reus

  • Theft (s.1) plus force or threat of force immediately before or at time of doing so, or immediately after to secure the stolen goods.
  • Force need not be substantial — a push or snatch with force can suffice.

Mens rea

  • Mens rea for theft (dishonesty + intention to permanently deprive) plus intention to use force or recklessness as to whether force would be used.

Verified case law

  • DPP v Gomez[1993] AC 442

    Appropriation can occur even where the owner consented if obtained by deception.

Common defences

Deny theft (honest belief, no appropriation) · No force or threat of force · Deny identification · Duress (rare)

Sentencing Council

Street and less sophisticated commercial robbery guideline effective 1 April 2016 (offence range community order to 12 years). Separate guidelines cover dwelling and professionally planned commercial robbery.

View definitive guideline ↗

At the police station

Often charged where mugging or shop theft involves a struggle. Clarify sequence: was property taken first, then force used to escape? That may still be robbery if force was to retain goods.

Handling stolen goods

Theft Act 1968, s.22

Triable
Either way
Maximum penalty
14 years' custody

Actus reus

  • Otherwise than in the course of stealing, receive, retain, remove, dispose of or realise stolen goods (or arrange to do so), knowing or believing them to be stolen.

Mens rea

  • Knowledge or belief that the goods are stolen.
  • Dishonesty.

Verified case law

  • Ivey v Genting Casinos[2017] UKSC 67

    The Ghosh test is no longer law; dishonesty is assessed objectively after establishing the defendant's actual belief about the facts.

Common defences

No knowledge/belief goods stolen · Not dishonest · Goods not stolen (or no longer stolen) · Innocent receipt / returning to owner

Sentencing Council

Sentencing Council guideline effective 1 February 2016. Offence range: discharge to 8 years' custody.

View definitive guideline ↗

At the police station

Common with phone/bike/car-parts markets and "mates' rates" deals. Probe how the client came by the goods, price paid, and any messages. Distinguish from theft of the same goods.

Going equipped for theft or burglary

Theft Act 1968, s.25

Triable
Either way
Maximum penalty
3 years' custody

Actus reus

  • Not at place of abode, have with them any article for use in the course of or in connection with any burglary or theft.

Mens rea

  • Intention that the article be used in the course of or in connection with burglary or theft (proof may be inferred from circumstances).

Common defences

Article for innocent purpose · At place of abode · No intention for use in burglary/theft · Deny possession of the article

Sentencing Council

Sentencing Council guideline effective 1 February 2016. Offence range: discharge to 18 months' custody.

View definitive guideline ↗

At the police station

Crowbars, gloves, torches, and "theft kits" in vehicles are classic. Take instructions on why each item was carried and any work/hobby explanation.

Making off without payment

Theft Act 1978, s.3

Triable
Either way
Maximum penalty
2 years' custody

Actus reus

  • Knowing that payment on the spot for goods or services is required or expected, make off without having paid as required/expected.

Mens rea

  • Dishonesty.
  • Intent to avoid payment of the amount due.

Verified case law

  • Ivey v Genting Casinos[2017] UKSC 67

    The Ghosh test is no longer law; dishonesty is assessed objectively after establishing the defendant's actual belief about the facts.

Common defences

Honest belief payment arranged / would be paid · No knowledge payment required on the spot · Not dishonest · Did not make off

Sentencing Council

Sentencing Council guideline effective 1 February 2016. Offence range: discharge to 36 weeks' custody.

View definitive guideline ↗

At the police station

Taxi, fuel, restaurant, and hotel "bilking" cases. Check whether client left details, disputed the fare, or expected to pay later — goes to dishonesty and intent.

Taking a vehicle without consent (TWOC)

Theft Act 1968, s.12

Triable
Summary only
Maximum penalty
Unlimited fine and/or 6 months' custody

Actus reus

  • Take a conveyance (other than a pedal cycle) for one's own or another's use without the owner's consent or other lawful authority; or, knowing it has been taken without authority, drive it or allow oneself to be carried.

Mens rea

  • Knowledge that the conveyance was taken without consent/authority (for driving/being carried limb).
  • No intention to permanently deprive is required (that would be theft).

Common defences

Owner consented / believed owner would consent · Lawful authority · Did not take/drive/allow to be carried · Thought vehicle was hired/borrowed with permission

Sentencing Council

Magistrates' guideline (revised 2017) effective 24 April 2017. Offence range: Band B fine to 26 weeks' custody; consider disqualification.

View definitive guideline ↗

At the police station

Distinguish from theft (permanent deprivation) and from aggravated vehicle taking (s.12A). Ask about damage, injury, or dangerous driving during the taking.

Aggravated vehicle taking

Theft Act 1968, s.12A

Triable
Either way (summary only if damage not exceeding £5,000 for damage-only variants)
Maximum penalty
2 years' custody for damage/dangerous-driving variants (higher maxima apply where death is caused — check the charged limb)

Actus reus

  • Commit TWOC (s.12) and, after the taking and before recovery, the vehicle is driven dangerously, injury is caused, or damage is caused to the vehicle or other property (see s.12A limbs).

Mens rea

  • Mens rea for the underlying taking; additional elements depend on the charged aggravating limb (e.g. damage caused).

Common defences

No TWOC · No aggravating event after taking · Deny driving / presence · Challenge causation of damage/injury

Sentencing Council

Damage-caused guideline effective 1 April 2025 (summary max 6 months if damage ≤ £5,000; either-way max 2 years). Separate SC guidelines cover dangerous-driving and injury-caused limbs.

View definitive guideline ↗

At the police station

Identify which s.12A limb is charged (damage, injury, dangerous driving). Check dashcam/BWV and whether client was driver or passenger.

Criminal damage

Criminal Damage Act 1971, s.1

Triable
Either way where value exceeds £5,000 (unless endanger life — indictable); lower-value damage usually summary
Maximum penalty
10 years' custody (s.1(1) where value exceeds £5,000); life if endangering life (s.1(2)); lower maxima for damage not exceeding £5,000

Actus reus

  • Destroy or damage property belonging to another (or own property with intent/endangerment as per s.1(2)–(3)).
  • Damage need not be permanent — temporary impairment can suffice.

Mens rea

  • Intention or recklessness as to destroying or damaging property.
  • Recklessness is subjective: did the defendant foresee the risk and take it anyway (R v G)?

Verified case law

  • R v G[2004] UKHL 50

    Criminal damage recklessness requires subjective foresight of risk; Caldwell objective recklessness does not apply.

Common defences

Lawful excuse (s.5 — e.g. belief owner would consent) · Accident (no recklessness) · Deny causation · Self-defence of property (limited)

Sentencing Council

Guideline for damage exceeding £5,000 effective 1 October 2019 (offence range discharge to 4 years). Separate guideline covers damage not exceeding £5,000; arson has its own guideline.

View definitive guideline ↗

At the police station

Common in domestic, pub, and vehicle cases. £5,000+ value or arson triggers more serious handling. Ask whether client admits damage or only presence.

Possession of a controlled drug

Misuse of Drugs Act 1971, s.5(2) (offence of possession; prohibition in s.5(1))

Triable
Either way (Class A/B); summary for some Class C
Maximum penalty
7 years' custody (Class A); 5 years (Class B); 2 years (Class C) — maxima vary by class

Actus reus

  • Possession of a substance controlled under the Act.
  • Possession = custody or control — need not be on person (e.g. in home, car).

Mens rea

  • Knowledge of possession of some substance (not necessarily knowledge of exact drug or quantity in all circumstances).
  • In vehicle/house cases, knowledge/control must be linked to the defendant — mere proximity may not suffice.

Verified case law

  • Warner v Metropolitan Police Commissioner[1969] 2 AC 256

    Statutory possession in a vehicle can be strict as to contents in defined circumstances.

  • R v Kennedy (No 2)[2007] UKHL 38

    Causation principles for supply where the deceased self-administers drugs.

Common defences

No knowledge of possession · Drugs belong to another / planted · Not in custody or control · Lawful prescription (specific substances)

Sentencing Council

Drug offences possession guideline effective 1 April 2021. Typical ranges: Class A fine to 51 weeks; Class B discharge to 26 weeks; Class C discharge to medium community order.

View definitive guideline ↗

At the police station

Confirm drug class, weight, and whether PWITS charged. Text messages, scales, and multiple wraps point to supply. "Joint enterprise" / holding for friend needs careful instructions.

Possession with intent to supply (controlled drug)

Misuse of Drugs Act 1971, s.5(3) (PWITS); supply/offer to supply under s.4(3)

Triable
Either way (indictable only if third drug-trafficking minimum sentence under Sentencing Code s.313 may apply)
Maximum penalty
Life (Class A); 14 years and/or unlimited fine (Class B/C)

Actus reus

  • Possession of a controlled drug (as for simple possession) with intent to supply it to another; or supplying / offering to supply (s.4(3)).

Mens rea

  • Knowledge of possession plus intent to supply to another (social supply still counts).

Verified case law

  • Warner v Metropolitan Police Commissioner[1969] 2 AC 256

    Statutory possession in a vehicle can be strict as to contents in defined circumstances.

Common defences

Simple possession only (no intent to supply) · No knowledge of possession · Holding exclusively for own use · Challenge quantity/role indicators

Sentencing Council

Supply/PWITS guideline effective 1 April 2021. Category by role (leading/significant/lesser) and harm (quantity/purity indicators). Statutory minimum sentencing provisions may apply.

View definitive guideline ↗

At the police station

Messages, scales, deal lists, multiple bags, and cash are classic PWITS indicators. "Holding for a friend" is still supply intent — take precise instructions.

Possession of a bladed article / offensive weapon in public

Criminal Justice Act 1988, s.139 (bladed/pointed article); Prevention of Crime Act 1953, s.1 (offensive weapon) — related

Triable
Either way
Maximum penalty
4 years' custody (subject to statutory minimum sentencing provisions in many cases)

Actus reus

  • Have with them in a public place any article which has a blade or is sharply pointed (except a folding pocketknife with cutting edge 3 inches or less), without good reason / lawful authority.
  • Offensive weapon (PCA 1953): any article made, adapted, or intended for causing injury, possessed in a public place.

Mens rea

  • Knowledge of possession of the article.
  • For offensive weapon "intended" limb: intention to use for causing injury.

Common defences

Good reason / lawful authority (work, religion, legitimate recreational) · Not a public place · Folding pocketknife within exception · No knowledge of possession

Sentencing Council

Sentencing Council guideline effective 1 June 2018. Offence range: fine to 2 years 6 months' custody. Minimum sentencing provisions often apply — check Step 3 of the guideline.

View definitive guideline ↗

At the police station

"Good reason" is critical — work tools, fishing, religious ceremonial use. Photograph the item and measure blade. Warn about minimum sentences and previous "relevant" convictions.

Public order offences (s.4, s.4A, s.5 POA 1986)

Public Order Act 1986, ss.4, 4A, 5

Triable
s.4/s.4A/s.5 basic offences: summary only; racially/religiously aggravated variants either way
Maximum penalty
Basic s.4/s.4A: 6 months' custody; basic s.5: fine only (level 3); racially/religiously aggravated s.4/s.4A: 2 years' custody (see Crime and Disorder Act 1998, s.31)

Actus reus

  • s.4: use towards another threatening, abusive or insulting words/behaviour with intent to cause fear of immediate unlawful violence, or so as to cause such fear.
  • s.4A: use threatening/abusive/insulting words/behaviour with intent to cause harassment/alarm/distress, or so as to cause HAD.
  • s.5: use threatening/abusive/insulting words/behaviour or disorderly behaviour within hearing/sight of person likely to be caused HAD (no intent required for the result).

Mens rea

  • s.4: intent for first limb; recklessness as to causing fear for second limb.
  • s.4A: intent or recklessness as to causing HAD.
  • s.5: no mens rea as to causing HAD — but must intend/use the words/behaviour (or be reckless for disorderly behaviour).

Verified case law

  • Brutus v Cozens[1973] AC 854

    “Insulting” under the Public Order Act 1936 (and successors) takes its ordinary meaning — whether reasonable persons would find the behaviour insulting.

Common defences

Reasonable excuse · No threatening/abusive/insulting character · Not within sight/hearing of likely victim (s.5) · Freedom of expression (Art 10) in context

Sentencing Council

s.4 guideline effective 1 January 2020 (basic: discharge to 26 weeks). Separate SC guidelines cover s.4A and s.5 (disorderly behaviour). Affray and violent disorder have their own guidelines.

View definitive guideline ↗

At the police station

Often linked to pub/domestic incidents and football. Check BWV for exact words, whether s.5 sufficient vs s.4, and if racial/religious aggravation applies (separate statutes).

Affray

Public Order Act 1986, s.3

Triable
Either way
Maximum penalty
3 years' custody

Actus reus

  • Use or threaten unlawful violence towards another, and the conduct is such as would cause a person of reasonable firmness present at the scene to fear for their personal safety.
  • Where two or more persons, consider their conduct together. Threat cannot be made by words alone.

Mens rea

  • Intend to use or threaten violence, or be aware that conduct may be violent or threaten violence.

Common defences

Self-defence / prevention of crime · No unlawful violence or threat · Conduct would not cause fear to person of reasonable firmness · Deny presence / participation

Sentencing Council

Sentencing Council guideline effective 1 January 2020. Offence range: fine to 2 years 9 months' custody.

View definitive guideline ↗

At the police station

Often charged for pub fights and street disorder where multiple people are involved. Distinguish from s.4 (directed at a person) and violent disorder (3+ using/threatening violence).

Violent disorder

Public Order Act 1986, s.2

Triable
Either way
Maximum penalty
5 years' custody

Actus reus

  • Three or more persons present together use or threaten unlawful violence, and the conduct of them (taken together) would cause a person of reasonable firmness present to fear for personal safety.

Mens rea

  • Intend to use or threaten violence, or be aware that conduct may be violent or threaten violence.

Common defences

Fewer than three persons using/threatening violence · Self-defence · No fear to person of reasonable firmness · Deny participation

Sentencing Council

Sentencing Council guideline effective 1 January 2020. Offence range: community order to 4 years 6 months' custody.

View definitive guideline ↗

At the police station

Requires a group of three. Check how many were actually using/threatening violence versus bystanders. Football and protest contexts are common.

Fraud by false representation

Fraud Act 2006, s.1 (by false representation); s.2

Triable
Either way (s.1 fraud); indictable-only for some conspiracy/large-scale fraud
Maximum penalty
10 years' custody (s.1)

Actus reus

  • Dishonestly make a false representation (express or implied).
  • Representation is false if untrue or misleading and the maker knows that or is reckless as to whether it is.
  • Representation made to a device/system can suffice (s.2(5)).

Mens rea

  • Dishonesty (Ivey test).
  • Intent to make a gain for self/another or cause loss to another (or risk of loss).

Verified case law

  • Ivey v Genting Casinos[2017] UKSC 67

    The Ghosh test is no longer law; dishonesty is assessed objectively after establishing the defendant's actual belief about the facts.

Common defences

Honest belief representation true · No intent to gain/cause loss · Not dishonest on Ivey test · Civil dispute not criminal fraud

Sentencing Council

Sentencing Council fraud guideline effective 1 October 2014. Categorises by culpability and harm (primarily financial loss); offence range for s.1 fraud typically discharge to 8 years.

View definitive guideline ↗

At the police station

Increasingly common — benefits, online sales, business disputes. Obtain documents (contracts, messages, bank records) and explore whether it is a civil contract dispute rather than criminal fraud.

Harassment / stalking (without fear of violence)

Protection from Harassment Act 1997, s.2 (harassment); s.2A (stalking)

Triable
Summary only (basic); racially/religiously aggravated either way
Maximum penalty
6 months' custody (basic); 2 years if racially/religiously aggravated

Actus reus

  • Pursue a course of conduct (at least two occasions) which amounts to harassment of another (s.2), or stalking (s.2A — following, contacting, monitoring, loitering, interfering with property, watching/spying, etc.).

Mens rea

  • Know or ought to know that the course of conduct amounts to harassment (objective element).

Common defences

Course of conduct for prevention/detection of crime · Pursuit under enactment · Reasonable in the particular circumstances · Deny course of conduct / identification

Sentencing Council

Sentencing Council guideline effective 1 October 2018. Basic offence range: discharge to 26 weeks' custody.

View definitive guideline ↗

At the police station

Domestic and neighbour disputes are common. Map the alleged incidents chronologically. Check for existing restraining / non-molestation orders.

Harassment / stalking involving fear of violence

Protection from Harassment Act 1997, s.4 (fear of violence); s.4A (stalking involving fear of violence or serious alarm or distress)

Triable
Either way
Maximum penalty
10 years' custody

Actus reus

  • Course of conduct that causes another to fear on at least two occasions that violence will be used against them (s.4), or stalking causing fear of violence / serious alarm or distress (s.4A).

Mens rea

  • Know or ought to know that the course of conduct would cause such fear (or serious alarm/distress for s.4A).

Common defences

Did not cause fear of violence · Reasonable in the circumstances · Prevention/detection of crime · Deny course of conduct

Sentencing Council

Sentencing Council guideline effective 1 October 2018. Offence range: fine to 8 years' custody.

View definitive guideline ↗

At the police station

Higher stakes than s.2/s.2A. Confirm whether victim feared violence on two occasions. Often overlaps with threats to kill and breach of protective orders.

Breach of restraining order / non-molestation order

Protection from Harassment Act 1997, s.5A; Family Law Act 1996, s.42A (non-molestation); Sentencing Code, s.363 (restraining orders on conviction)

Triable
Either way
Maximum penalty
5 years' custody

Actus reus

  • Do anything prohibited by a restraining order or non-molestation order without reasonable excuse (exact elements follow the governing statute and order terms).

Mens rea

  • Knowledge of the order (or circumstances putting the defendant on notice) and intentional conduct amounting to breach — check the charged provision.

Common defences

Reasonable excuse · No knowledge of the order · Conduct outside the order's terms · Order not in force / wrongly served

Sentencing Council

Sentencing Council guideline effective 1 October 2018. Offence range: fine to 4 years' custody (note lower magistrates' maxima for some restraining-order breaches).

View definitive guideline ↗

At the police station

Obtain the order wording. Accidental contact, third-party messages, and "victim initiated contact" are frequent instruction themes — still usually a breach if prohibited.

Driving / attempting to drive with excess alcohol

Road Traffic Act 1988, s.5(1)(a)

Triable
Summary only
Maximum penalty
Unlimited fine and/or 6 months' custody; obligatory disqualification (minimum 12 months, longer for high readings / repeat offences)

Actus reus

  • Drive or attempt to drive a motor vehicle on a road or other public place after consuming so much alcohol that the proportion in breath, blood or urine exceeds the prescribed limit.

Mens rea

  • No need to prove knowledge of being over the limit — the offence is committed by driving/attempting to drive over the limit.

Common defences

Not driving / attempting to drive · Not a road or public place · Challenge specimen reliability / procedure · Hip-flask / post-driving consumption (narrow)

Sentencing Council

Magistrates' guideline (revised 2017) effective 24 April 2017. Offence range: Band B fine to 26 weeks' custody; sentence and disqualification length track alcohol level bands.

View definitive guideline ↗

At the police station

Check breath/blood reading, whether high-risk offender thresholds apply, and any procedural points on the MGDD forms. Special reasons arguments need careful evidential basis.

Fail to provide specimen for analysis (drive / attempt to drive)

Road Traffic Act 1988, s.7(6)

Triable
Summary only
Maximum penalty
Unlimited fine and/or 6 months' custody; obligatory disqualification

Actus reus

  • Without reasonable excuse, fail to provide a specimen of breath, blood or urine for a laboratory test when required under s.7 in the course of an investigation into whether driving/attempting to drive offences were committed.

Mens rea

  • The requirement and failure are factual; "reasonable excuse" (e.g. medical inability) is the usual battleground rather than a classic mens rea denial.

Common defences

Reasonable excuse (medical / genuine inability) · Requirement not lawfully made · Not the driver under investigation · Procedural defects in the requirement

Sentencing Council

Magistrates' guideline (revised 2017) effective 24 April 2017. Offence range: Band B fine to 26 weeks' custody. Treated similarly seriously to excess alcohol.

View definitive guideline ↗

At the police station

Medical evidence for asthma, panic, or needle phobia must be specific. Check custody record and MGDD printouts for how the requirement was explained.

Careless driving (drive without due care and attention)

Road Traffic Act 1988, s.3

Triable
Summary only
Maximum penalty
Unlimited fine; obligatory endorsement; discretionary disqualification

Actus reus

  • Drive a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other road users.

Mens rea

  • Objective standard: fell below what would be expected of a competent and careful driver — no need to prove subjective foresight of harm.

Common defences

Driving met the competent careful driver standard · Sudden emergency / unavoidable accident · Mechanical defect without fault · Deny identity of driver

Sentencing Council

Sentencing Council guideline effective 1 July 2025. Offence range: Band A fine to Band D fine (plus endorsement/disqualification considerations).

View definitive guideline ↗

At the police station

Often arises from collisions. Obtain dashcam, witness accounts, and weather/road conditions. Distinguish from dangerous driving (far below standard / obvious danger).

Dangerous driving

Road Traffic Act 1988, s.2 (meaning of dangerous driving: s.2A)

Triable
Either way
Maximum penalty
2 years' custody; obligatory disqualification (minimum 1 year) with compulsory extended re-test

Actus reus

  • Drive a mechanically propelled vehicle dangerously on a road or other public place — driving that falls far below what would be expected of a competent and careful driver, and it would be obvious to such a driver that driving in that way would be dangerous (see s.2A).

Mens rea

  • Objective dangerousness test (no need to prove the defendant appreciated the danger), though awareness can aggravate sentence.

Common defences

Driving not far below the standard · Danger not obvious to a competent careful driver · Mechanical defect · Emergency / necessity (narrow)

Sentencing Council

Sentencing Council guideline effective 1 July 2023. Offence range: community order to 2 years' custody; obligatory disqualification minimum 1 year with extended test.

View definitive guideline ↗

At the police station

Speed, racing, fleeing police, and prolonged dangerous manoeuvres push culpability up. Check for linked TWOC/aggravated taking.

Failure to surrender to bail

Bail Act 1976, s.6

Triable
Either way (as charged)
Maximum penalty
3 months' custody in the magistrates' court; 12 months' custody in the Crown Court

Actus reus

  • Having been released on bail, fail without reasonable cause to surrender to custody at the appointed time/place.

Mens rea

  • Failure is proved by non-surrender; "reasonable cause" is the usual issue (illness, genuine mistake as to date/court, etc.).

Common defences

Reasonable cause for failure to surrender · Not given adequate notice of surrender details · Already in custody elsewhere · Administrative error

Sentencing Council

Sentencing Council guideline effective 1 October 2018. Offence range: discharge to 26 weeks' custody (subject to the court maxima above).

View definitive guideline ↗

At the police station

Often discovered when the client is arrested on a warrant. Document reasons for missing court immediately. Advise that a later guilty plea to the bail offence is common once facts are clear.

Obstruct / resist a police constable

Police Act 1996, s.89(2)

Triable
Summary only
Maximum penalty
Level 3 fine and/or 1 month's custody

Actus reus

  • Resist or wilfully obstruct a constable in the execution of their duty, or a person assisting a constable in the execution of their duty.

Mens rea

  • Wilful obstruction (deliberate act making it more difficult for the officer to carry out duty) or intentional resistance.

Common defences

Officer not acting in the execution of duty · No wilful obstruction · Self-defence against excessive force · Accident / misunderstanding

Sentencing Council

Magistrates' guideline (revised 2017) effective 24 April 2017. Offence range: conditional discharge to medium-level community order.

View definitive guideline ↗

At the police station

Lower-level than assault on emergency worker / assault PC. Often charged for refusing to move, blocking a doorway, or struggling during arrest without a full assault charge. Check BWV carefully.

Theft from a shop or stall

Theft Act 1968, s.1

Triable
Either way (low-value shoplifting may be treated as summary-only under MCA 1980 s.22A)
Maximum penalty
7 years' custody (6 months for low-value shoplifting treated as summary-only)

Actus reus

  • Dishonest appropriation of goods from a shop or stall belonging to another.
  • Same Theft Act s.1 elements as general theft, in a retail/stall context.

Mens rea

  • Dishonesty (Ivey test).
  • Intention to permanently deprive.

Verified case law

  • Ivey v Genting Casinos[2017] UKSC 67

    The Ghosh test is no longer law; dishonesty is assessed objectively after establishing the defendant's actual belief about the facts.

  • DPP v Gomez[1993] AC 442

    Appropriation can occur even where the owner consented if obtained by deception.

  • R v Lloyd[1985] 1 QB 653

    Borrowing can amount to theft if there is intention to treat the goods as own to dispose of.

Common defences

Honest belief in right / consent · No intention to permanently deprive · Not dishonest · Goods paid for / left to pay

Sentencing Council

Sentencing Council guideline effective 1 February 2016. Offence range: discharge to 3 years' custody.

View definitive guideline ↗

At the police station

Extremely common. Check value (low-value shoplifting threshold), CCTV, and whether security tags/foil are alleged. Take clear instructions on payment intent.

Non-domestic burglary

Theft Act 1968, s.9

Triable
Either way (with limited exceptions)
Maximum penalty
10 years' custody

Actus reus

  • Enter a building or part of a building that is not a dwelling as a trespasser.
  • With intent to steal, inflict GBH or do unlawful damage (s.9(1)(a)), or having entered as trespasser, steal/attempt those offences (s.9(1)(b)).

Mens rea

  • Knowledge or recklessness as to trespass.
  • Intent for ulterior offence (s.9(1)(a)) or mens rea for ulterior offence when inside (s.9(1)(b)).

Verified case law

  • R v Walkington[1979] 1 WLR 1169

    Entering a part of a building beyond permitted areas can be entry as a trespasser if the defendant knew or was reckless.

  • R v Collins[1973] QB 100

    Entry as a trespasser requires knowledge or recklessness as to lack of permission; mistaken belief in consent may negate trespass.

Common defences

No trespass · No ulterior intent · Deny entry / identification · Permission to enter

Sentencing Council

Sentencing Council guideline effective 1 July 2022. Offence range: discharge to 5 years' custody.

View definitive guideline ↗

At the police station

Commercial/outbuilding burglaries. Confirm building type and whether anyone was present. Distinguish from domestic burglary guideline.

Aggravated burglary

Theft Act 1968, s.10

Triable
Indictable only
Maximum penalty
Life imprisonment

Actus reus

  • Commit burglary and at the time have with them a firearm, imitation firearm, weapon of offence, or explosive (Theft Act 1968, s.10).

Mens rea

  • Mens rea for burglary plus knowledge of possession of the aggravating article.

Verified case law

  • R v Walkington[1979] 1 WLR 1169

    Entering a part of a building beyond permitted areas can be entry as a trespasser if the defendant knew or was reckless.

  • R v Collins[1973] QB 100

    Entry as a trespasser requires knowledge or recklessness as to lack of permission; mistaken belief in consent may negate trespass.

Common defences

No burglary · Article not a weapon of offence / firearm · No knowledge of the article · Deny presence

Sentencing Council

Sentencing Council guideline effective 1 July 2022. Offence range: 1–13 years' custody.

View definitive guideline ↗

At the police station

Weapon definition is critical — household tools can be weapons of offence if intended to cause injury. Photograph/describe the item carefully.

Abstracting electricity

Theft Act 1968, s.13

Triable
Either way
Maximum penalty
5 years' custody

Actus reus

  • Dishonestly use without due authority, or dishonestly cause to be wasted or diverted, any electricity.

Mens rea

  • Dishonesty (Ivey test).

Verified case law

  • Ivey v Genting Casinos[2017] UKSC 67

    The Ghosh test is no longer law; dishonesty is assessed objectively after establishing the defendant's actual belief about the facts.

Common defences

Authorised use · Not dishonest · No use/diversion by the defendant

Sentencing Council

Sentencing Council guideline effective 1 February 2016. Offence range: discharge to 1 year's custody.

View definitive guideline ↗

At the police station

Often cannabis-grow or meter-bypass cases. Check meter readings, wiring photos, and whether charged alongside cultivation/production.

Blackmail

Theft Act 1968, s.21

Triable
Indictable only
Maximum penalty
14 years' custody

Actus reus

  • Make an unwarranted demand with menaces with a view to gain for oneself or another or with intent to cause loss to another (Theft Act 1968, s.21).

Mens rea

  • View to gain or intent to cause loss.
  • Demand is unwarranted unless the defendant believed they had reasonable grounds for making the demand and that use of menaces was proper.

Common defences

Warranted demand / proper menaces belief · No menaces · No view to gain / intent to cause loss · Deny making the demand

Sentencing Council

Sentencing Council guideline effective 1 April 2025. Offence range: community order to 10 years' custody.

View definitive guideline ↗

At the police station

Increasingly arises with intimate-image threats and online sextortion. Preserve messages and payment demands.

Arson (criminal damage by fire)

Criminal Damage Act 1971, s.1(1) and (3)

Triable
Either way
Maximum penalty
Life imprisonment

Actus reus

  • Destroy or damage property by fire belonging to another (Criminal Damage Act 1971, s.1(1) and (3)).

Mens rea

  • Intention or recklessness as to destroying/damaging property by fire (subjective recklessness — R v G).

Verified case law

  • R v G[2004] UKHL 50

    Criminal damage recklessness requires subjective foresight of risk; Caldwell objective recklessness does not apply.

Common defences

Accident / no recklessness · Lawful excuse (s.5) · Deny starting the fire · Own property without endangerment issues

Sentencing Council

Sentencing Council arson guideline effective 1 October 2019. Offence range: discharge to 8 years' custody.

View definitive guideline ↗

At the police station

Establish accelerant use, motive, and risk to life. Endanger-life charging uses a separate guideline.

Arson / criminal damage with intent to endanger life

Criminal Damage Act 1971, s.1(2) and (3)

Triable
Indictable only
Maximum penalty
Life imprisonment

Actus reus

  • Destroy or damage property by fire intending to endanger life or being reckless as to whether life would be endangered (s.1(2)–(3)).

Mens rea

  • Intent to endanger life, or recklessness as to endangerment of life, in addition to damage by fire.

Verified case law

  • R v G[2004] UKHL 50

    Criminal damage recklessness requires subjective foresight of risk; Caldwell objective recklessness does not apply.

Common defences

No intent/recklessness as to endangering life · No fire damage by defendant · Accident

Sentencing Council

Sentencing Council guideline effective 1 October 2019. Offence range: high-level community order to 12 years' custody.

View definitive guideline ↗

At the police station

Occupied dwellings and escape routes matter. Distinguish simple arson from endanger-life.

Threats to destroy or damage property

Criminal Damage Act 1971, s.2

Triable
Either way
Maximum penalty
10 years' custody

Actus reus

  • Make a threat to another to destroy or damage property belonging to that other or a third person (Criminal Damage Act 1971, s.2).

Mens rea

  • Intention that the other would fear the threat would be carried out.

Common defences

No threat · No intention that hearer would fear it · Hyperbole / not taken seriously · Deny words/conduct

Sentencing Council

Sentencing Council guideline effective 1 October 2019. Offence range: discharge to 4 years' custody.

View definitive guideline ↗

At the police station

Often domestic/neighbour disputes. Capture exact words and whether fire/bomb threats were made.

Production of a controlled drug / cultivation of cannabis

Misuse of Drugs Act 1971, s.4(2) (production); s.6 (cultivation of cannabis)

Triable
Either way (indictable only if third drug-trafficking minimum sentence may apply)
Maximum penalty
Life (Class A production); 14 years (Class B/C) — maxima vary by class and offence

Actus reus

  • Produce a controlled drug (MDA 1971 s.4(2)), or cultivate cannabis plant (s.6).

Mens rea

  • Knowledge of production/cultivation of the substance (and for cannabis, knowledge of cultivation).

Verified case law

  • Warner v Metropolitan Police Commissioner[1969] 2 AC 256

    Statutory possession in a vehicle can be strict as to contents in defined circumstances.

Common defences

No knowledge of grow/production · Solely for own use (mitigation / role) · Deny control of premises/equipment · Challenge quantity estimates

Sentencing Council

Sentencing Council guideline effective 1 April 2021. Categorises by role and output/potential output.

View definitive guideline ↗

At the police station

Count plants, note equipment, electricity bypass, and role. Often linked to abstracting electricity and permitting premises.

Permitting premises to be used for drug offences

Misuse of Drugs Act 1971, s.8

Triable
Either way (subject to trafficking minimum-sentence rules where applicable)
Maximum penalty
14 years' custody (Class A); maxima vary by class

Actus reus

  • Occupy or manage premises and knowingly permit or suffer production, supply, preparation for supply, or smoking cannabis etc. on the premises (MDA 1971 s.8).

Mens rea

  • Knowledge of the prohibited activity on the premises.

Common defences

No knowledge · Did not occupy/manage · Took reasonable steps to stop activity · Deny the activity occurred

Sentencing Council

Sentencing Council guideline effective 1 April 2021. Offence range (Class A): low-level community order to 4 years' custody.

View definitive guideline ↗

At the police station

Landlords and house-shares are common. Explore what the client knew and what steps they took.

Drive whilst disqualified

Road Traffic Act 1988, s.103

Triable
Summary only
Maximum penalty
Unlimited fine and/or 6 months

Actus reus

  • Conduct prohibited by Road Traffic Act 1988, s.103 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 24 April 2017. Offence range: Band C fine – 26 weeks' custody.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Using a vehicle without insurance

Road Traffic Act 1988, s.143

Triable
Summary only
Maximum penalty
Unlimited fine

Actus reus

  • Conduct prohibited by Road Traffic Act 1988, s.143 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 24 April 2017. Offence range: Band B - Band C fine.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Aggravated vehicle taking — injury caused

Theft Act 1968, s.12A(2)(b)

Triable
Either way
Maximum penalty
2 years’ custody Obligatory disqualification: 12 months (with discretionary power to order disqualification until an extended retest is pas

Actus reus

  • Conduct prohibited by Theft Act 1968, s.12A(2)(b) — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 April 2025. Offence range: community order – 2 years’ custody.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Aggravated vehicle taking — dangerous driving

Theft Act 1968, s.12A(2)(a)

Triable
Either way
Maximum penalty
2 years’ custody Obligatory disqualification: 12 months (with discretionary power to order disqualification until an extended retest is pas

Actus reus

  • Conduct prohibited by Theft Act 1968, s.12A(2)(a) — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 April 2025. Offence range: community order – 2 years’ custody.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Causing injury by wanton or furious driving

Offences Against the Person Act 1861, s.35

Triable
Indictable only
Maximum penalty
2 years’ custody

Actus reus

  • Conduct prohibited by Offences Against the Person Act 1861, s.35 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 July 2023. Offence range: Fine – 2 years’ custody.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Assault with intent to resist arrest

Offences Against the Person Act 1861, s.38

Triable
Either way
Maximum penalty
2 years’ custody Offence Range: Fine –1 year 3 months’ custody

Actus reus

  • Conduct prohibited by Offences Against the Person Act 1861, s.38 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 1 July 2021.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Strangulation or suffocation

Serious Crime Act 2015, s.75A

Triable
Either way
Maximum penalty
5 years’ custody

Actus reus

  • Conduct prohibited by Serious Crime Act 2015, s.75A — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 1 January 2025. Offence range: High level community order – 4 years 6 months’ custody Section 29 Maximum: 7 years’ custody.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Controlling or coercive behaviour

Serious Crime Act 2015, s.76

Triable
Either way
Maximum penalty
5 years’ custody

Actus reus

  • Conduct prohibited by Serious Crime Act 2015, s.76 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 October 2018. Offence range: Community order – 4 years’ custody.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Witness intimidation

Criminal Justice and Public Order Act 1994, s.51

Triable
Either way
Maximum penalty
5 years’ custody

Actus reus

  • Conduct prohibited by Criminal Justice and Public Order Act 1994, s.51 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 October 2023. Offence range: Community Order – 4 years’ custody.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Perverting the course of justice

Common law

Triable
Indictable only
Maximum penalty
Life imprisonment

Actus reus

  • Conduct prohibited by Common law — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 October 2023. Offence range: Community order – 7 years’ custody.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Sexual assault

Sexual Offences Act 2003, s.3

Triable
Either way
Maximum penalty
10 years’ custody

Actus reus

  • Conduct prohibited by Sexual Offences Act 2003, s.3 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 April 2014. Offence range: Community order – 7 years’ custody.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Rape

Sexual Offences Act 2003, s.1

Triable
Indictable only
Maximum penalty
Life imprisonment

Actus reus

  • Conduct prohibited by Sexual Offences Act 2003, s.1 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 1 April 2014. Offence range: 4 – 19 years’ custody.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Assault by penetration

Sexual Offences Act 2003, s.2

Triable
Indictable only
Maximum penalty
Life imprisonment

Actus reus

  • Conduct prohibited by Sexual Offences Act 2003, s.2 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 1 April 2014. Offence range: Community order – 19 years’ custody.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Possession of indecent photographs of children

Criminal Justice Act 1988, s.160; Protection of Children Act 1978, s.1

Triable
Either way
Maximum penalty
5 years’ custody

Actus reus

  • Conduct prohibited by Criminal Justice Act 1988, s.160; Protection of Children Act 1978, s.1 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 April 2014. Offence range: Community order – 3 years’ custody Indecent photographs of children , Protection of Children Act 1978, s.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Exposure

Sexual Offences Act 2003, s.66

Triable
Either way
Maximum penalty
2 years’ custody

Actus reus

  • Conduct prohibited by Sexual Offences Act 2003, s.66 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 April 2014. Offence range: Fine – 1 year’s custody.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Voyeurism

Sexual Offences Act 2003, s.67

Triable
Either way
Maximum penalty
2 years’ custody

Actus reus

  • Conduct prohibited by Sexual Offences Act 2003, s.67 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 April 2014. Offence range: Fine – 18 months’ custody.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Disclosing or threatening to disclose private sexual images

Criminal Justice and Courts Act 2015, s.33

Triable
Either way
Maximum penalty
2 years’ custody

Actus reus

  • Conduct prohibited by Criminal Justice and Courts Act 2015, s.33 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 October 2018. Offence range: Discharge – 1 year 6 months’ custody.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Sexual communication with a child

Sexual Offences Act 2003, s.15A

Triable
Either way
Maximum penalty
2 years’ custody

Actus reus

  • Conduct prohibited by Sexual Offences Act 2003, s.15A — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 July 2022. Offence range: Community order – 2 years’ custody.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Meeting a child following sexual grooming

Sexual Offences Act 2003, s.15

Triable
Either way
Maximum penalty
10 years’ custody

Actus reus

  • Conduct prohibited by Sexual Offences Act 2003, s.15 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 1 April 2014. Offence range: 1 – 7 years’ custody.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Sexual activity with a child

Sexual Offences Act 2003, s.9

Triable
Indictable only
Maximum penalty
14 years’ custody

Actus reus

  • Conduct prohibited by Sexual Offences Act 2003, s.9 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 1 April 2014. Offence range: Community order – 10 years’ custody.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Drunk and disorderly in a public place

Criminal Justice Act 1967, s.91

Triable
Summary only
Maximum penalty
See Sentencing Council guideline for the statutory maximum

Actus reus

  • Conduct prohibited by Criminal Justice Act 1967, s.91 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 24 April 2017. Offence range: Conditional discharge – Band C fine.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Riot

Public Order Act 1986, s.1

Triable
Indictable only
Maximum penalty
10 years’ custody

Actus reus

  • Conduct prohibited by Public Order Act 1986, s.1 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 January 2020. Offence range: 3 – 9 years’ custody.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Breach of a criminal behaviour order

Anti-social Behaviour, Crime and Policing Act 2014, s.30

Triable
Either way
Maximum penalty
5 years’ custody

Actus reus

  • Conduct prohibited by Anti-social Behaviour, Crime and Policing Act 2014, s.30 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 October 2018. Offence range: Fine – 4 years’ custody.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Carrying a firearm in a public place

Firearms Act 1968, s.19

Triable
Either way
Maximum penalty
7 years’ custody (12 months’ custody for imitation firearms, 6 months’ custody for an air weapon)

Actus reus

  • Conduct prohibited by Firearms Act 1968, s.19 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 January 2021. Offence range:   Discharge – 4 years’ custody.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Possession of a prohibited weapon

Firearms Act 1968, s.5

Triable
Either way
Maximum penalty
10 years’ custody

Actus reus

  • Conduct prohibited by Firearms Act 1968, s.5 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 January 2021. Offence range: Discharge – 10 years’ custody.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Possession of a firearm without certificate

Firearms Act 1968, s.1

Triable
Either way
Maximum penalty
5 years’ custody, or 7 years for the section 1(1) offence where it is aggravated within the meaning of section 4(4) of the Act (shortened s

Actus reus

  • Conduct prohibited by Firearms Act 1968, s.1 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 January 2021. Offence range: Discharge – 4 years 6 months’ custody.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Possession of firearm with intent to cause fear of violence

Firearms Act 1968, s.16A

Triable
See guideline / charging decision
Maximum penalty
10 years’ custody

Actus reus

  • Conduct prohibited by Firearms Act 1968, s.16A — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 January 2021. Offence range: Medium level community order – 9 years’ custody.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Money laundering

Proceeds of Crime Act 2002, ss.327–329

Triable
Either way
Maximum penalty
14 years’ custody

Actus reus

  • Conduct prohibited by Proceeds of Crime Act 2002, ss.327–329 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 1 October 2014. Offence range: Band B fine – 13 years’ imprisonment.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Cruelty to a child

Children and Young Persons Act 1933, s.1

Triable
Either way
Maximum penalty
14 years’ custody for offences committed on or after 28 June 2022; otherwise 10 years’ custody

Actus reus

  • Conduct prohibited by Children and Young Persons Act 1933, s.1 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 April 2023. Offence range: Community order – 12 years’ custody.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Animal cruelty

Animal Welfare Act 2006, s.4

Triable
Either way
Maximum penalty
5 years’ custody

Actus reus

  • Conduct prohibited by Animal Welfare Act 2006, s.4 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 July 2023. Offence range: Band A fine – 3 years 6 months’ custody.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Dog dangerously out of control causing injury

Dangerous Dogs Act 1991, s.3

Triable
Either way
Maximum penalty
5 years' custody

Actus reus

  • Conduct prohibited by Dangerous Dogs Act 1991, s.3 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 July 2016. Offence range: Discharge – 4 years’ custody.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Disorderly behaviour with intent to cause harassment, alarm or distress (s.4A)

Public Order Act 1986, s.4A

Triable
Summary only
Maximum penalty
6 months’ custody

Actus reus

  • Conduct prohibited by Public Order Act 1986, s.4A — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 January 2020. Offence range: Discharge – 26 weeks’ custody Racially or religiously aggravated disorderly behaviour with intent to cause harassment,.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Disorderly behaviour (s.5 POA)

Public Order Act 1986, s.5

Triable
Summary only
Maximum penalty
See Sentencing Council guideline for the statutory maximum

Actus reus

  • Conduct prohibited by Public Order Act 1986, s.5 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 January 2020. Offence range: Discharge – Fine Racially or religiously aggravated disorderly behaviour, Crime and Disorder Act 1998, s.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Breach of a sexual harm prevention order

Sexual Offences Act 2003, s.103I

Triable
Either way
Maximum penalty
5 years’ custody

Actus reus

  • Conduct prohibited by Sexual Offences Act 2003, s.103I — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 October 2018. Offence range: Fine – 4 years and 6 months’ custody.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Fail to comply with sex offender notification requirements

Sexual Offences Act 2003, s.91

Triable
Either way
Maximum penalty
5 years’ custody

Actus reus

  • Conduct prohibited by Sexual Offences Act 2003, s.91 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 October 2018. Offence range: Fine – 4 years’ custody.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Producing a psychoactive substance

Psychoactive Substances Act 2016, s.4

Triable
Either way
Maximum penalty
7 years’ custody

Actus reus

  • Conduct prohibited by Psychoactive Substances Act 2016, s.4 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 April 2021. Offence range: Band B Fine – 6 years’ custody.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Causing death by careless or inconsiderate driving

Road Traffic Act 1988, s.2B

Triable
Either way
Maximum penalty
5 years’ custody

Actus reus

  • Conduct prohibited by Road Traffic Act 1988, s.2B — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 July 2023. Offence range: Community order – 4 years’ custody.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Causing serious injury by careless or inconsiderate driving

Road Traffic Act 1988, s.2C

Triable
Either way
Maximum penalty
2 years’ custody

Actus reus

  • Conduct prohibited by Road Traffic Act 1988, s.2C — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 July 2023. Offence range: Community order – 2 years’ custody.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Driving with a specified drug above the specified limit

Road Traffic Act 1988, s.5A

Triable
Summary only
Maximum penalty
Unlimited fine and/or 6 months’ custody

Actus reus

  • Conduct prohibited by Road Traffic Act 1988, s.5A — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 July 2023. Offence range: Band B fine – 26 weeks’ custody.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Unfit through drink or drugs (drive / attempt to drive)

Road Traffic Act 1988, s.4(1)

Triable
Summary only
Maximum penalty
Unlimited fine and/or 6 months

Actus reus

  • Conduct prohibited by Road Traffic Act 1988, s.4(1) — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 24 April 2017. Offence range: Band B fine – 26 weeks’ custody.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

In charge of a vehicle with excess alcohol

Road Traffic Act 1988, s.5(1)(b)

Triable
Summary only
Maximum penalty
See Sentencing Council guideline for the statutory maximum

Actus reus

  • Conduct prohibited by Road Traffic Act 1988, s.5(1)(b) — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 24 April 2017. Offence range: Band A fine - 12 weeks’ custody.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Fail to stop / report a road accident

Road Traffic Act 1988, s.170

Triable
Summary only
Maximum penalty
Unlimited fine and/or 6 months

Actus reus

  • Conduct prohibited by Road Traffic Act 1988, s.170 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 24 April 2017. Offence range: Band A fine – 26 weeks' custody.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Use of mobile telephone while driving

Road Vehicles (Construction and Use) Regulations 1986, reg.110; Road Traffic Act 1988, s.41D

Triable
Summary only
Maximum penalty
See Sentencing Council guideline for the statutory maximum

Actus reus

  • Conduct prohibited by Road Vehicles (Construction and Use) Regulations 1986, reg.110; Road Traffic Act 1988, s.41D — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 04 August 2008. Offence range: Discharge to Band C fine Must endorse and impose 6 points Starting point:  Band B fine A Band C fine may be approp.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Speeding

Road Traffic Regulation Act 1984, s.89

Triable
Summary only
Maximum penalty
See Sentencing Council guideline for the statutory maximum

Actus reus

  • Conduct prohibited by Road Traffic Regulation Act 1984, s.89 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 24 April 2017. Offence range: Band A fine - Band C fine.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Fail to give information of driver’s identity

Road Traffic Act 1988, s.172

Triable
Summary only
Maximum penalty
See Sentencing Council guideline for the statutory maximum

Actus reus

  • Conduct prohibited by Road Traffic Act 1988, s.172 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 04 August 2008. Offence range: Discharge to Band C fine Must endorse and impose 6 points ( for limited companies, endorsement is not available; a fine.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Vehicle interference

Criminal Attempts Act 1981, s.9

Triable
Summary only
Maximum penalty
See Sentencing Council guideline for the statutory maximum

Actus reus

  • Conduct prohibited by Criminal Attempts Act 1981, s.9 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 24 April 2017. Offence range: Band A fine - 12 weeks' custody.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Communication network offences (malicious communications / improper use of public electronic communications network)

Malicious Communications Act 1988, s.1; Communications Act 2003, s.127

Triable
Summary only
Maximum penalty
Unlimited fine and/or 6 months

Actus reus

  • Conduct prohibited by Malicious Communications Act 1988, s.1; Communications Act 2003, s.127 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 24 April 2017. Offence range: Band A fine - 15 weeks' custody.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Bladed article / offensive weapon on school premises

Criminal Justice Act 1988, s.139A

Triable
Either way
Maximum penalty
4 years’ custody

Actus reus

  • Conduct prohibited by Criminal Justice Act 1988, s.139A — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 1 June 2018. Offence range: Fine – 2 years 6 months’ custody This offence is subject to statutory minimum sentencing provisions.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Possession of an offensive weapon in a public place

Prevention of Crime Act 1953, s.1

Triable
Either way
Maximum penalty
4 years’ custody

Actus reus

  • Conduct prohibited by Prevention of Crime Act 1953, s.1 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 1 June 2018. Offence range: Fine – 2 years 6 months’ custody This offence is subject to statutory minimum sentencing provisions.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Drive otherwise than in accordance with a licence

Road Traffic Act 1988, s.87

Triable
Summary only
Maximum penalty
See Sentencing Council guideline for the statutory maximum

Actus reus

  • Conduct prohibited by Road Traffic Act 1988, s.87 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 04 August 2008. Offence range: Discharge to Band A fine Must endorse and impose 3 – 6 points Starting point:  Band A fine Fines Starting point Ra.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Railway fare evasion

Regulation of Railways Act 1889, s.5

Triable
Summary only
Maximum penalty
Maximum

Actus reus

  • Conduct prohibited by Regulation of Railways Act 1889, s.5 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 24 April 2017. Offence range: Offence range Conditional Discharge - Band C fine (s.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Taxi touting / soliciting for hire

Criminal Justice and Public Order Act 1994, s.167

Triable
Summary only
Maximum penalty
See Sentencing Council guideline for the statutory maximum

Actus reus

  • Conduct prohibited by Criminal Justice and Public Order Act 1994, s.167 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 24 April 2017. Offence range: Conditional Discharge - Band C fine.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Sexual assault of a child under 13

Sexual Offences Act 2003, s.7

Triable
Either way
Maximum penalty
14 years’ custody

Actus reus

  • Conduct prohibited by Sexual Offences Act 2003, s.7 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 April 2014. Offence range: Community order – 9 years’ custody.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Rape of a child under 13

Sexual Offences Act 2003, s.5

Triable
Indictable only
Maximum penalty
Life imprisonment

Actus reus

  • Conduct prohibited by Sexual Offences Act 2003, s.5 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 1 April 2014. Offence range: 6 – 19 years’ custody.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Administering a substance with intent

Sexual Offences Act 2003, s.61

Triable
Either way
Maximum penalty
10 years’ custody

Actus reus

  • Conduct prohibited by Sexual Offences Act 2003, s.61 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 1 April 2014. Offence range: 1 – 9 years’ custody.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Slavery, servitude and forced labour / human trafficking

Modern Slavery Act 2015, ss.1–2

Triable
Either way
Maximum penalty
Life imprisonment

Actus reus

  • Conduct prohibited by Modern Slavery Act 2015, ss.1–2 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 October 2021. Offence range: High level community order – 18 years’ custody.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Racial / religious hatred offences

Public Order Act 1986, Parts III and 3A (e.g. s.18 stirring up racial hatred)

Triable
Either way
Maximum penalty
7 years' custody for stirring up hatred offences (check charged section)

Actus reus

  • Conduct prohibited by Public Order Act 1986, Parts III and 3A (e.g. s.18 stirring up racial hatred) — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective see guideline page.

View definitive guideline ↗

At the police station

Common police-station encounter for accredited reps. Confirm the exact charge wording, any linked offences, and disclosure (CCTV/BWV/messages). Follow the linked Sentencing Council guideline for category factors.

Kidnap / false imprisonment

Common law (kidnap and false imprisonment)

Triable
Indictable only
Maximum penalty
Life imprisonment

Actus reus

  • Kidnap: take or carry away a person by force or fraud without their consent and without lawful excuse.
  • False imprisonment: unlawfully and intentionally or recklessly restrain a person’s freedom of movement from a particular place.

Mens rea

  • Intention to take/carry away (kidnap) or intention/recklessness as to the restraint (false imprisonment).

Common defences

Consent · Lawful authority / citizen’s arrest power · Deny the restraint or taking · Identification

Sentencing Council

Sentencing Council guideline effective 1 April 2025. Offence range: community order – 16 years’ custody.

View definitive guideline ↗

At the police station

Common-law offences — use the CPS Offences Against the Person charging standard alongside the SC guideline. Check duration, use of force/weapons, vulnerability, and whether a sexual or robbery ulterior intent is alleged.

Unlawful act manslaughter

Common law (manslaughter)

Triable
Indictable only
Maximum penalty
Life imprisonment

Actus reus

  • Commit an unlawful act that is dangerous in the sense that a sober and reasonable person would recognise the risk of some harm, and that act causes death.

Mens rea

  • Mens rea for the base unlawful act; no need to foresee death.

Common defences

No unlawful act · Act not dangerous · Break in causation · Self-defence as to the base assault

Sentencing Council

Sentencing Council guideline effective 1 November 2018. Offence range: 1 – 24 years’ custody (check current guideline page).

View definitive guideline ↗

At the police station

Often arises from assaults or one-punch cases. Causation and the dangerousness of the act are key. Cross-check CPS homicide charging standard.

Gross negligence manslaughter

Common law (manslaughter)

Triable
Indictable only
Maximum penalty
Life imprisonment

Actus reus

  • Breach of a duty of care owed to the deceased by a grossly negligent act or omission that causes death.

Mens rea

  • Gross negligence — a risk of death that was obvious and a breach so bad it deserves criminal sanction (objective).

Common defences

No duty of care · Breach not gross · Death not caused by the breach · Reasonable care taken

Sentencing Council

Sentencing Council guideline effective 1 November 2018. Offence range: 1 – 18 years’ custody (check current guideline page).

View definitive guideline ↗

At the police station

Medical, workplace, and caregiving contexts are common. Obtain expert reports early. Cross-check CPS homicide guidance.

Manslaughter by reason of loss of control

Coroners and Justice Act 2009, ss.54–55 (partial defence); manslaughter at common law

Triable
Indictable only
Maximum penalty
Life imprisonment

Actus reus

  • Conduct prohibited by Coroners and Justice Act 2009, ss.54–55 (partial defence); manslaughter at common law — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 November 2018. Offence range: 3 – 20 years’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Manslaughter by reason of diminished responsibility

Homicide Act 1957, s.2; manslaughter at common law

Triable
Indictable only
Maximum penalty
Life imprisonment

Actus reus

  • Conduct prohibited by Homicide Act 1957, s.2; manslaughter at common law — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 November 2018. Offence range: 3 – 40 years’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Attempted murder

Criminal Attempts Act 1981, s.1 (attempt); murder at common law

Triable
Indictable only
Maximum penalty
Life imprisonment

Actus reus

  • Do an act that is more than merely preparatory to the commission of murder (Criminal Attempts Act 1981, s.1).

Mens rea

  • Intention to kill (nothing less — intent to cause GBH is insufficient for attempted murder).

Common defences

No intent to kill · Act merely preparatory · Self-defence / defence of another · Identification

Sentencing Council

Sentencing Council guideline effective 1 July 2021. Offence range: 3 – 40 years’ custody.

View definitive guideline ↗

At the police station

Intent to kill is the critical interview issue. Preserve weapons, medical evidence, and any planning messages. Distinguish from s.18 GBH with intent.

Corporate manslaughter

Corporate Manslaughter and Corporate Homicide Act 2007, s.1

Triable
Indictable only
Maximum penalty
unlimited fine

Actus reus

  • Conduct prohibited by Corporate Manslaughter and Corporate Homicide Act 2007, s.1 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 1 February 2016. Offence range: £180,000 fine – £20 million fine.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Robbery — dwelling

Theft Act 1968, s.8

Triable
Indictable only
Maximum penalty
Life imprisonment

Actus reus

  • Conduct prohibited by Theft Act 1968, s.8 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 1 April 2016. Offence range: 1 year’s custody – 16 years’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Robbery — professionally planned commercial

Theft Act 1968, s.8

Triable
Indictable only
Maximum penalty
Life imprisonment

Actus reus

  • Conduct prohibited by Theft Act 1968, s.8 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 1 April 2016. Offence range: 18 months’ – 20 years’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Criminal damage (value not exceeding £5,000)

Criminal Damage Act 1971, s.1(1)

Triable
Summary only
Maximum penalty
Level 4 fine

Actus reus

  • Conduct prohibited by Criminal Damage Act 1971, s.1(1) — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 October 2019. Offence range: Discharge – 3 months’ custody *.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Bladed articles and offensive weapons — threats

Criminal Justice Act 1988, s.139AA; Prevention of Crime Act 1953, s.1A

Triable
Either way
Maximum penalty
4 years’ custody

Actus reus

  • Conduct prohibited by Criminal Justice Act 1988, s.139AA; Prevention of Crime Act 1953, s.1A — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 1 June 2018. Offence range: 6 months’ custody – 3 years’ custody This guideline applies only to offenders aged 18 or older.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Possession of firearm with intent to endanger life

Firearms Act 1968, s.16

Triable
See guideline / charging decision
Maximum penalty
Life imprisonment

Actus reus

  • Conduct prohibited by Firearms Act 1968, s.16 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 January 2021. Offence range: 4 – 22 years’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Firearms — possession with intent (other offences)

Firearms Act 1968, ss.17(2), 18

Triable
See guideline / charging decision
Maximum penalty
Life imprisonment

Actus reus

  • Conduct prohibited by Firearms Act 1968, ss.17(2), 18 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 January 2021. Offence range: High level community order – 16 years’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Possession of firearm by prohibited person

Firearms Act 1968, s.21

Triable
Either way
Maximum penalty
5 years’ custody

Actus reus

  • Conduct prohibited by Firearms Act 1968, s.21 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 January 2021. Offence range: Discharge – 4 years’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Firearms — transfer and manufacture

Firearms Act 1968 (transfer/manufacture provisions; check charged section)

Triable
See guideline / charging decision
Maximum penalty
Life imprisonment

Actus reus

  • Conduct prohibited by Firearms Act 1968 (transfer/manufacture provisions; check charged section) — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 January 2021. Offence range: 3 – 28 years’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Firearms — importation

Customs and Excise Management Act 1979 / Firearms Act 1968 (as charged)

Triable
Either way
Maximum penalty
14 years (7 years for offences committed before 22 February 2024) unless committed in Great Britain in connection with a prohibition or res

Actus reus

  • Conduct prohibited by Customs and Excise Management Act 1979 / Firearms Act 1968 (as charged) — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 January 2022. Offence range: Fine – 28 years’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Aggravated vehicle taking — death caused

Theft Act 1968, s.12A

Triable
Either way
Maximum penalty
14 years’ custody

Actus reus

  • Conduct prohibited by Theft Act 1968, s.12A — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 April 2025. Offence range: 1 – 12 years’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Causing death by dangerous driving

Road Traffic Act 1988, s.1

Triable
Indictable only
Maximum penalty
life imprisonment for offences committed after 28 June 2022; otherwise 14 years' custody

Actus reus

  • Conduct prohibited by Road Traffic Act 1988, s.1 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 July 2023. Offence range: 2 – 18 years’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Causing death by careless driving under the influence

Road Traffic Act 1988, s.3A

Triable
See guideline / charging decision
Maximum penalty
life imprisonment for offences committed after 28 June 2022; otherwise 14 years' custody

Actus reus

  • Conduct prohibited by Road Traffic Act 1988, s.3A — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 July 2023. Offence range: 26 weeks – 18 years’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Causing death by driving: unlicensed or uninsured drivers

Road Traffic Act 1988, s.3ZB

Triable
Either way
Maximum penalty
2 years’ custody

Actus reus

  • Conduct prohibited by Road Traffic Act 1988, s.3ZB — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 July 2023. Offence range: Community order – 2 years’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Causing death by driving: disqualified drivers

Road Traffic Act 1988, s.3ZC

Triable
Indictable only
Maximum penalty
10 years’ custody

Actus reus

  • Conduct prohibited by Road Traffic Act 1988, s.3ZC — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 July 2023. Offence range: Community order – 7 years’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Causing serious injury by dangerous driving

Road Traffic Act 1988, s.1A

Triable
Either way
Maximum penalty
5 years’ custody

Actus reus

  • Conduct prohibited by Road Traffic Act 1988, s.1A — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 July 2023. Offence range: 26 weeks – 5 years’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Causing serious injury by driving: disqualified drivers

Road Traffic Act 1988, s.3ZD

Triable
Either way
Maximum penalty
4 years’ custody

Actus reus

  • Conduct prohibited by Road Traffic Act 1988, s.3ZD — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 July 2023. Offence range: Community order – 4 years’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Being in charge with a specified drug above the limit

Road Traffic Act 1988, s.5A

Triable
Summary only
Maximum penalty
Level 4 fine

Actus reus

  • Conduct prohibited by Road Traffic Act 1988, s.5A — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 July 2023. Offence range: Band B fine – 12 weeks’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Unfit through drink or drugs (in charge)

Road Traffic Act 1988, s.4(2)

Triable
Summary only
Maximum penalty
Level 4 fine and/ or 3 months

Actus reus

  • Conduct prohibited by Road Traffic Act 1988, s.4(2) — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 24 April 2017. Offence range: Band B fine - 12 weeks’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Fail to co-operate with preliminary (roadside) breath test

Road Traffic Act 1988, s.6(6)

Triable
Summary only
Maximum penalty
Level 3 fine

Actus reus

  • Conduct prohibited by Road Traffic Act 1988, s.6(6) — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 04 August 2008. Offence range: Discharge to Band B fine Must endorse and impose 4 points Starting point: Band B fine Fines Starting point Range.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Fail to provide specimen for analysis (in charge)

Road Traffic Act 1988, s.7(6)

Triable
Summary only
Maximum penalty
Level 4 fine and/ or 3 months

Actus reus

  • Conduct prohibited by Road Traffic Act 1988, s.7(6) — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 24 April 2017. Offence range: Band B fine - 6 weeks’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Possession / making / supplying articles for use in frauds

Fraud Act 2006, ss.6–7

Triable
Either way
Maximum penalty
5 years’ custody

Actus reus

  • Conduct prohibited by Fraud Act 2006, ss.6–7 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 1 October 2014. Offence range: Band A fine – 3 years’ custody Making or supplying articles for use in frauds Fraud Act 2006 (section 7) Triable either.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Benefit fraud

Social Security Administration Act 1992 / Fraud Act 2006 (as charged)

Triable
Either way
Maximum penalty
7 years’ custody

Actus reus

  • Conduct prohibited by Social Security Administration Act 1992 / Fraud Act 2006 (as charged) — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 1 October 2014. Offence range: Discharge – 6 years 6 months’ custody False representations for obtaining benefit etc , Social Security Administr.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Revenue fraud

Fraud Act 2006 / Customs and Excise Management Act 1979 (as charged)

Triable
Either way
Maximum penalty
10 years’ custody

Actus reus

  • Conduct prohibited by Fraud Act 2006 / Customs and Excise Management Act 1979 (as charged) — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 1 October 2014. Offence range: Low level community order – 8 years’ custody Fraud , Fraud Act 2006 (section 1) Triable either way Maximum: 10 years’ c.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Bribery

Bribery Act 2010, ss.1–2

Triable
Either way
Maximum penalty
10 years’ custody

Actus reus

  • Conduct prohibited by Bribery Act 2010, ss.1–2 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 1 October 2014. Offence range: Discharge – 8 years’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Vehicle registration fraud

Vehicle Excise and Registration Act 1994 (as charged)

Triable
Either way
Maximum penalty
Maximum when tried summarily: Level 5 fine Maximum when tried on indictment: 2 years’ custody

Actus reus

  • Conduct prohibited by Vehicle Excise and Registration Act 1994 (as charged) — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 April 2025. Offence range: Fine – 1 year six months’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Assault of a child under 13 by penetration

Sexual Offences Act 2003, s.6

Triable
Indictable only
Maximum penalty
Life imprisonment

Actus reus

  • Conduct prohibited by Sexual Offences Act 2003, s.6 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 1 April 2014. Offence range: 2 – 19 years’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Causing or inciting a child under 13 to engage in sexual activity

Sexual Offences Act 2003, s.8

Triable
Indictable only
Maximum penalty
Life imprisonment (if penetration involved), otherwise 14 years' custody

Actus reus

  • Conduct prohibited by Sexual Offences Act 2003, s.8 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 1 April 2014. Offence range: 1 – 17 years’ custody Where the offence involved penetration this is a Schedule 19 offence for the purposes of sections.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Sexual activity with a child family member

Sexual Offences Act 2003, ss.25–26

Triable
Indictable only
Maximum penalty
14 years’ custody

Actus reus

  • Conduct prohibited by Sexual Offences Act 2003, ss.25–26 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 1 April 2014. Offence range: Community order – 10 years’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Arranging or facilitating the commission of a child sex offence

Sexual Offences Act 2003, s.14

Triable
See guideline / charging decision
Maximum penalty
Life imprisonment (penetrative, offences on/after 28 June 2022); otherwise see guideline

Actus reus

  • Conduct prohibited by Sexual Offences Act 2003, s.14 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 31 May 2022.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Engaging in sexual activity in the presence of a child / causing a child to watch

Sexual Offences Act 2003, ss.11–12

Triable
Either way
Maximum penalty
10 years’ custody

Actus reus

  • Conduct prohibited by Sexual Offences Act 2003, ss.11–12 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 1 April 2014. Offence range: Community order – 6 years’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Abuse of position of trust: sexual activity with a child

Sexual Offences Act 2003, ss.16–19

Triable
Either way
Maximum penalty
5 years’ custody

Actus reus

  • Conduct prohibited by Sexual Offences Act 2003, ss.16–19 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 1 April 2014. Offence range: Community order – 2 years’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Abuse of position of trust: sexual activity in presence of a child

Sexual Offences Act 2003, ss.18–19

Triable
Either way
Maximum penalty
5 years’ custody

Actus reus

  • Conduct prohibited by Sexual Offences Act 2003, ss.18–19 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 1 April 2014. Offence range: Community order – 2 years’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Sexual activity with a person with a mental disorder impeding choice

Sexual Offences Act 2003, ss.30–31

Triable
Indictable only
Maximum penalty
Life imprisonment (if penetration involved), otherwise 14 years’ custody

Actus reus

  • Conduct prohibited by Sexual Offences Act 2003, ss.30–31 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 1 April 2014. Offence range: Community order – 19 years’ custody Where the offence involved penetration these are Schedule 19 offences for the purpo.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Care workers: sexual activity with a person with a mental disorder

Sexual Offences Act 2003, ss.38–41

Triable
Indictable only
Maximum penalty
14 years’ custody (if penetration involved), otherwise 10 years’ custody

Actus reus

  • Conduct prohibited by Sexual Offences Act 2003, ss.38–41 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 1 April 2014. Offence range: Community order – 10 years’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Inducement/threat/deception to procure sexual activity (mental disorder)

Sexual Offences Act 2003, ss.34–37

Triable
Indictable only
Maximum penalty
Life imprisonment (if penetration involved), otherwise 14 years’ custody

Actus reus

  • Conduct prohibited by Sexual Offences Act 2003, ss.34–37 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 1 April 2014. Offence range: Community order – 10 years’ custody Where the offence involved penetration these are Schedule 19 offences for the purpo.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Sex with an adult relative

Sexual Offences Act 2003, ss.64–65

Triable
Either way
Maximum penalty
2 years’ custody

Actus reus

  • Conduct prohibited by Sexual Offences Act 2003, ss.64–65 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 1 April 2014. Offence range: Fine – 2 years’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Sexual activity in a public lavatory

Sexual Offences Act 2003, s.71

Triable
Summary only
Maximum penalty
Unlimited fine and/or 6 months

Actus reus

  • Conduct prohibited by Sexual Offences Act 2003, s.71 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 24 April 2017. Offence range: Band A fine - High level community order.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Trespass with intent to commit a sexual offence

Sexual Offences Act 2003, s.63

Triable
Either way
Maximum penalty
10 years’ custody

Actus reus

  • Conduct prohibited by Sexual Offences Act 2003, s.63 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 1 April 2014. Offence range: 1 – 9 years’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Committing an offence with intent to commit a sexual offence

Sexual Offences Act 2003, s.62

Triable
Indictable only
Maximum penalty
Life imprisonment (if kidnapping or false imprisonment committed), otherwise 10 years' custody Applicability In accordance with section 120

Actus reus

  • Conduct prohibited by Sexual Offences Act 2003, s.62 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 1 April 2014.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Paying for the sexual services of a child

Sexual Offences Act 2003, s.47

Triable
Indictable only
Maximum penalty
Victim under 13 (penetrative), Life imprisonment Victim under 13 (non-penetrative), 14 years’ custody Victim aged 13–15, 14 years’ custody

Actus reus

  • Conduct prohibited by Sexual Offences Act 2003, s.47 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 1 April 2014. Offence range: Victim aged 16–17, Community order – 5 years’ custody This guideline should be used only where the victim is aged 16 or.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Causing/inciting/controlling prostitution for gain

Sexual Offences Act 2003, ss.52–53

Triable
Either way
Maximum penalty
7 years’ custody

Actus reus

  • Conduct prohibited by Sexual Offences Act 2003, ss.52–53 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 1 April 2014. Offence range: Community order – 6 years’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Sexual exploitation of a child (causing/inciting/controlling/arranging)

Sexual Offences Act 2003, ss.48–50

Triable
Either way
Maximum penalty
14 years’ custody

Actus reus

  • Conduct prohibited by Sexual Offences Act 2003, ss.48–50 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 1 April 2014. Offence range: Victim aged under 13: 1 - 13 years' custody Victim aged 13 - 15: 26 weeks' - 11 years' custody Victim aged 16 - 17: Com.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Keeping a brothel used for prostitution

Sexual Offences Act 1956, s.33A

Triable
Either way
Maximum penalty
7 years’ custody

Actus reus

  • Conduct prohibited by Sexual Offences Act 1956, s.33A — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 April 2014. Offence range: Community order – 6 years’ custody The terms “prostitute” and “prostitution” are used in this guideline in accordance w.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Causing or allowing a child to suffer serious physical harm / die

Domestic Violence, Crime and Victims Act 2004, s.5

Triable
See guideline / charging decision
Maximum penalty
14 years’ custody for offences committed after 28 June 2022; otherwise 10 years’ custody

Actus reus

  • Conduct prohibited by Domestic Violence, Crime and Victims Act 2004, s.5 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 April 2023. Offence range: Community order – 12 years’ custody Causing or allowing a child to die Indictable only Maximum: life imprisonment for o.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Committing an offence with intent to commit a human trafficking offence

Modern Slavery Act 2015, s.4

Triable
Indictable only
Maximum penalty
Life imprisonment (if kidnapping or false imprisonment committed), otherwise 10 years’ custody

Actus reus

  • Conduct prohibited by Modern Slavery Act 2015, s.4 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 October 2021.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Breach of slavery and trafficking prevention / risk order

Modern Slavery Act 2015 (STPO/STRO breach provisions)

Triable
Either way
Maximum penalty
5 years’ imprisonment

Actus reus

  • Conduct prohibited by Modern Slavery Act 2015 (STPO/STRO breach provisions) — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 October 2021.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Supplying / PWITS a psychoactive substance

Psychoactive Substances Act 2016, ss.5, 7

Triable
See guideline / charging decision
Maximum penalty
7 years’ custody

Actus reus

  • Conduct prohibited by Psychoactive Substances Act 2016, ss.5, 7 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 April 2021. Offence range: Band B Fine – 6 years’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Importing or exporting a psychoactive substance

Psychoactive Substances Act 2016, s.8

Triable
Either way
Maximum penalty
7 years’ custody

Actus reus

  • Conduct prohibited by Psychoactive Substances Act 2016, s.8 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 April 2021. Offence range: Discharge – 6 years’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Membership of a proscribed organisation

Terrorism Act 2000, s.11

Triable
Either way
Maximum penalty
14 years’ custody

Actus reus

  • Conduct prohibited by Terrorism Act 2000, s.11 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 October 2022. Offence range: High level community order – 13 years’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Support for a proscribed organisation

Terrorism Act 2000, s.12

Triable
Either way
Maximum penalty
14 years’ custody

Actus reus

  • Conduct prohibited by Terrorism Act 2000, s.12 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 October 2022. Offence range: High level community order – 13 years’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Funding terrorism

Terrorism Act 2000, ss.15–18

Triable
Either way
Maximum penalty
14 years’ custody

Actus reus

  • Conduct prohibited by Terrorism Act 2000, ss.15–18 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 October 2022. Offence range: High level community order – 13 years’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Collection of terrorist information

Terrorism Act 2000, s.58

Triable
Either way
Maximum penalty
15 years’ custody

Actus reus

  • Conduct prohibited by Terrorism Act 2000, s.58 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 October 2022. Offence range: High level community order – 14 years’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Possession for terrorist purposes

Terrorism Act 2000, s.57

Triable
Either way
Maximum penalty
15 years’ custody

Actus reus

  • Conduct prohibited by Terrorism Act 2000, s.57 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 27 April 2018. Offence range: 1 – 14 years’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Preparation of terrorist acts

Terrorism Act 2006, s.5

Triable
Indictable only
Maximum penalty
Life imprisonment

Actus reus

  • Conduct prohibited by Terrorism Act 2006, s.5 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 October 2022. Offence range: 3 years’ custody – Life Imprisonment (minimum term 40 years).

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Encouragement of terrorism / dissemination of terrorist publications

Terrorism Act 2006, ss.1–2

Triable
Either way
Maximum penalty
15 years’ custody

Actus reus

  • Conduct prohibited by Terrorism Act 2006, ss.1–2 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 October 2022. Offence range: High level community order – 14 years’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Explosive substances (terrorism only)

Explosive Substances Act 1883 (terrorism context as per guideline)

Triable
Indictable only
Maximum penalty
Life imprisonment

Actus reus

  • Conduct prohibited by Explosive Substances Act 1883 (terrorism context as per guideline) — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 October 2022. Offence range: 3 years’ custody – Life Imprisonment (minimum term 40 years).

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Failure to disclose information about acts of terrorism

Terrorism Act 2000, s.38B

Triable
Either way
Maximum penalty
10 years’ custody

Actus reus

  • Conduct prohibited by Terrorism Act 2000, s.38B — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 October 2022. Offence range: High level community order – 9 years' custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Breach of a community order

Sentencing Code (community order breach provisions)

Triable
See guideline / charging decision
Maximum penalty
Maximum of 112 hours in any period of 7 days

Actus reus

  • Conduct prohibited by Sentencing Code (community order breach provisions) — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 1 October 2018.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Breach of a suspended sentence order

Sentencing Code (suspended sentence breach provisions)

Triable
See guideline / charging decision
Maximum penalty
Maximum of 112 hours in any period of 7 days

Actus reus

  • Conduct prohibited by Sentencing Code (suspended sentence breach provisions) — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 1 October 2018.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Breach of post-sentence supervision

Offender Rehabilitation Act 2014 / Sentencing Code (as charged)

Triable
See guideline / charging decision
Maximum penalty
See Sentencing Council guideline (breach powers / supervision default order)

Actus reus

  • Conduct prohibited by Offender Rehabilitation Act 2014 / Sentencing Code (as charged) — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 1 October 2018.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Dog dangerously out of control causing death

Dangerous Dogs Act 1991, s.3

Triable
Either way
Maximum penalty
14 years' custody

Actus reus

  • Conduct prohibited by Dangerous Dogs Act 1991, s.3 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 July 2016. Offence range: High level community order – 14 years’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Dog dangerously out of control injuring/killing an assistance dog

Dangerous Dogs Act 1991, s.3

Triable
Either way
Maximum penalty
3 years' custody

Actus reus

  • Conduct prohibited by Dangerous Dogs Act 1991, s.3 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 July 2016. Offence range: Discharge – 2 years 6 months’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Possession of a prohibited dog / breeding/selling/advertising

Dangerous Dogs Act 1991, s.1

Triable
Summary only
Maximum penalty
6 months' custody

Actus reus

  • Conduct prohibited by Dangerous Dogs Act 1991, s.1 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 July 2016. Offence range: Discharge – 6 months’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Failing to protect a girl from risk of genital mutilation

Female Genital Mutilation Act 2003, s.3A

Triable
See guideline / charging decision
Maximum penalty
7 years’ custody

Actus reus

  • Conduct prohibited by Female Genital Mutilation Act 2003, s.3A — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 October 2019. Offence range: Community order – 6 years’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Class A drugs — fail/refuse to provide a sample

Police and Criminal Evidence Act 1984 / Drugs Act provisions as charged

Triable
Summary only
Maximum penalty
Level 4 fine

Actus reus

  • Conduct prohibited by Police and Criminal Evidence Act 1984 / Drugs Act provisions as charged — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 24 April 2017. Offence range: Band A fine - High level community order.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Class A drugs — fail to attend/remain for initial assessment

Drugs Act 2005 (assessment provisions as charged)

Triable
Summary only
Maximum penalty
Level 4 fine

Actus reus

  • Conduct prohibited by Drugs Act 2005 (assessment provisions as charged) — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 24 April 2017. Offence range: Band A fine - High level community order.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Sale of knives etc to persons under 18

Criminal Justice Act 1988, s.141A

Triable
Summary only
Maximum penalty
6 months’ custody

Actus reus

  • Conduct prohibited by Criminal Justice Act 1988, s.141A — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 April 2023. Offence range: Discharge – community order Use this guideline when the offender is an individual.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Breach of disqualification from acting as a director

Company Directors Disqualification Act 1986, s.13

Triable
Either way
Maximum penalty
2 years’ custody

Actus reus

  • Conduct prohibited by Company Directors Disqualification Act 1986, s.13 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 October 2018. Offence range: Discharge – 1 year and 6 months’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Breach of disqualification from keeping an animal

Animal Welfare Act 2006, s.34 / related breach provisions

Triable
Summary only
Maximum penalty
6 months’ custody

Actus reus

  • Conduct prohibited by Animal Welfare Act 2006, s.34 / related breach provisions — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 October 2018. Offence range: Discharge – 26 weeks’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Hare coursing

Hunting Act 2004 / related provisions as charged

Triable
Summary only
Maximum penalty
unlimited fine and/or 6 months’ custody

Actus reus

  • Conduct prohibited by Hunting Act 2004 / related provisions as charged — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 June 2026. Offence range: Band A fine – 6 months’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Alcohol sale offences

Licensing Act 2003 (as charged)

Triable
Summary only
Maximum penalty
Level 3 fine (s

Actus reus

  • Conduct prohibited by Licensing Act 2003 (as charged) — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 24 April 2017. Offence range: Conditional Discharge - Band C fine.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

TV licence payment evasion

Communications Act 2003, s.363

Triable
Summary only
Maximum penalty
Level 3 fine

Actus reus

  • Conduct prohibited by Communications Act 2003, s.363 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 24 April 2017. Offence range: Band A fine - Band B fine.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

No excise licence (VED)

Vehicle Excise and Registration Act 1994, s.29

Triable
Summary only
Maximum penalty
Excise penalty of Level 3

Actus reus

  • Conduct prohibited by Vehicle Excise and Registration Act 1994, s.29 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 04 August 2008. Offence range: Discharge to Band C excise penalty This offence is non-endorsable and does not attract penalty points.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

No test certificate (MOT)

Road Traffic Act 1988, s.47

Triable
Summary only
Maximum penalty
Level 3 fine

Actus reus

  • Conduct prohibited by Road Traffic Act 1988, s.47 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 04 August 2008. Offence range: Discharge to Band B fine Starting point Driver: Band A fine When the offence is committed in the course of a business:.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Seat belt offences

Road Traffic Act 1988, s.14 / regulations

Triable
Summary only
Maximum penalty
Level 2 fine

Actus reus

  • Conduct prohibited by Road Traffic Act 1988, s.14 / regulations — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 04 August 2008. Offence range: Discharge to Band A fine Starting point: Band A fine This offence is non-endorsable and does not attract penalty points.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Keeping a vehicle which does not meet insurance requirements

Road Traffic Act 1988, s.144A

Triable
Summary only
Maximum penalty
Level 3 fine

Actus reus

  • Conduct prohibited by Road Traffic Act 1988, s.144A — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 13 July 2026. Offence range: Discharge to Band A fine Starting point: Band A fine This offence is non-endorsable and does.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Unauthorised use of a trade mark etc.

Trade Marks Act 1994, s.92

Triable
Either way
Maximum penalty
10 years’ custody

Actus reus

  • Conduct prohibited by Trade Marks Act 1994, s.92 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 October 2021. Offence range: Discharge – 7 years’ custody Use this guideline when the offender is an individual.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Health and safety breaches (individuals)

Health and Safety at Work etc. Act 1974 (as charged)

Triable
Either way
Maximum penalty
2 years’ custody

Actus reus

  • Conduct prohibited by Health and Safety at Work etc. Act 1974 (as charged) — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 February 2016. Offence range: Conditional discharge – 2 years’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Food safety and hygiene breaches (individuals)

Food Safety Act 1990 / Food Hygiene Regulations (as charged)

Triable
Either way
Maximum penalty
when tried on indictment, unlimited fine and/or 2 years’ custody when tried summarily: unlimited fine

Actus reus

  • Conduct prohibited by Food Safety Act 1990 / Food Hygiene Regulations (as charged) — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 February 2016. Offence range: Conditional discharge - 18 months' custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Unauthorised deposit/treatment of waste / illegal discharges (individuals)

Environmental Protection Act 1990 / related provisions (as charged)

Triable
Either way
Maximum penalty
5 years’ custody

Actus reus

  • Conduct prohibited by Environmental Protection Act 1990 / related provisions (as charged) — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 1 July 2014. Offence range: conditional discharge – 3 years’ custody Use this guideline when the offender is an individual.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Dog dangerously out of control (no injury)

Dangerous Dogs Act 1991, s.3

Triable
Summary only
Maximum penalty
6 months' custody

Actus reus

  • Conduct prohibited by Dangerous Dogs Act 1991, s.3 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 July 2016. Offence range: Discharge – 6 months’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Sexual activity in presence of person with mental disorder impeding choice

Sexual Offences Act 2003, ss.32–33

Triable
Either way
Maximum penalty
10 years’ custody

Actus reus

  • Conduct prohibited by Sexual Offences Act 2003, ss.32–33 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 1 April 2014. Offence range: Community order – 6 years’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Care workers: sexual activity in presence of person with mental disorder

Sexual Offences Act 2003, ss.40–41

Triable
Either way
Maximum penalty
7 years’ custody

Actus reus

  • Conduct prohibited by Sexual Offences Act 2003, ss.40–41 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 1 April 2014. Offence range: Community order – 2 years’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Fraudulent evasion of a prohibition — controlled drug import/export

Customs and Excise Management Act 1979, s.170 (controlled drugs context)

Triable
Either way
Maximum penalty
Life imprisonment

Actus reus

  • Conduct prohibited by Customs and Excise Management Act 1979, s.170 (controlled drugs context) — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 April 2021. Offence range: Band A fine – 16 years’ custody Class B Maximum: 14 years’ custody and/ or unlimited fine Offence range: Discharge – 10.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Failure to ensure animal welfare

Animal Welfare Act 2006, s.9

Triable
Summary only
Maximum penalty
Unlimited fine and/or 6 months

Actus reus

  • Conduct prohibited by Animal Welfare Act 2006, s.9 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 01 July 2023. Offence range: Band A fine – 26 weeks’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Sexual activity in presence procured by inducement (mental disorder)

Sexual Offences Act 2003, ss.36–37

Triable
Either way
Maximum penalty
10 years’ custody

Actus reus

  • Conduct prohibited by Sexual Offences Act 2003, ss.36–37 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 1 April 2014. Offence range: Community order – 6 years’ custody.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Fail to stop when required by a police constable

Road Traffic Act 1988, s.163

Triable
Summary only
Maximum penalty
Level 5 fine mechanically propelled vehicle

Actus reus

  • Conduct prohibited by Road Traffic Act 1988, s.163 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 04 August 2008. Offence range: Discharge to Band B fine This offence is non-endorsable and does not attract penalty points Starting point:.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Fail to comply with police constable directing traffic

Road Traffic Act 1988, s.35

Triable
Summary only
Maximum penalty
Level 3 fine

Actus reus

  • Conduct prohibited by Road Traffic Act 1988, s.35 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 04 August 2008. Offence range: Discharge to Band A fine Must endorse and impose 3 points Starting point: Band A fine Fines Starting point Range.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

School non-attendance

Education Act 1996, s.444

Triable
Summary only
Maximum penalty
Maximum Level 3 fine (s

Actus reus

  • Conduct prohibited by Education Act 1996, s.444 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 24 April 2017. Offence range: Offence range Conditional discharge - Band C fine (s.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Using an untaxed vehicle (with a SORN) on a public road

Vehicle Excise and Registration Act 1994, s.29 / related provisions

Triable
Summary only
Maximum penalty
Excise penalty of Level 4

Actus reus

  • Conduct prohibited by Vehicle Excise and Registration Act 1994, s.29 / related provisions — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 13 July 2026. Offence range: Discharge to Band C excise penalty This offence is non-endorsable and does not attract penalty poin.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Fail to comply with traffic sign (endorsable)

Road Traffic Act 1988, s.36

Triable
Summary only
Maximum penalty
Level 3 fine

Actus reus

  • Conduct prohibited by Road Traffic Act 1988, s.36 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 04 August 2008. Offence range: Discharge to Band A fine Must endorse and impose 3 points Starting point: Band A fine Fines Starting point.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Fail to comply with traffic sign (non-endorsable)

Road Traffic Act 1988, s.36

Triable
Summary only
Maximum penalty
Level 3 fine

Actus reus

  • Conduct prohibited by Road Traffic Act 1988, s.36 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 04 August 2008. Offence range: Discharge to Band A fine This offence is non-endorsable and does not attract penalty points Starting point: Band.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Dangerous parking

Road Traffic Act 1988, s.22

Triable
Summary only
Maximum penalty
Level 3 fine

Actus reus

  • Conduct prohibited by Road Traffic Act 1988, s.22 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 04 August 2008. Offence range: Discharge to Band A fine Starting point: Band A fine Must endorse and impose 3 points Fines Starting point Range.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Lights defective

Road Vehicle Lighting Regulations / Road Traffic Act 1988 (as charged)

Triable
Summary only
Maximum penalty
Level 3 fine

Actus reus

  • Conduct prohibited by Road Vehicle Lighting Regulations / Road Traffic Act 1988 (as charged) — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 04 August 2008. Offence range: Discharge to Band B fine Starting point Driver: Band A fine When the offence is committed in the course of a business:.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Tyres defective

Road Vehicles (Construction and Use) Regulations / RTA 1988 (as charged)

Triable
Summary only
Maximum penalty
Maximum for vehicles up to 3

Actus reus

  • Conduct prohibited by Road Vehicles (Construction and Use) Regulations / RTA 1988 (as charged) — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 04 August 2008. Offence range: Discharge to Band C fine Must endorse and impose 3 points (.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Brakes defective

Road Vehicles (Construction and Use) Regulations / RTA 1988 (as charged)

Triable
Summary only
Maximum penalty
Maximum for vehicles up to 3

Actus reus

  • Conduct prohibited by Road Vehicles (Construction and Use) Regulations / RTA 1988 (as charged) — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 04 August 2008. Offence range: Discharge to Band C fine Must endorse and impose 3 points (.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Steering defective

Road Vehicles (Construction and Use) Regulations / RTA 1988 (as charged)

Triable
Summary only
Maximum penalty
Maximum for vehicles up to 3

Actus reus

  • Conduct prohibited by Road Vehicles (Construction and Use) Regulations / RTA 1988 (as charged) — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 04 August 2008. Offence range: Discharge to Band C fine Must endorse and impose 3 points (.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Exhaust defective

Road Vehicles (Construction and Use) Regulations / RTA 1988 (as charged)

Triable
Summary only
Maximum penalty
Level 3 fine

Actus reus

  • Conduct prohibited by Road Vehicles (Construction and Use) Regulations / RTA 1988 (as charged) — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 04 August 2008. Offence range: Discharge to Band B fine Starting point Driver: Band A fine When the offence is committed in the course of a business:.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Fail to produce insurance certificate

Road Traffic Act 1988, s.165

Triable
Summary only
Maximum penalty
Level 4 fine

Actus reus

  • Conduct prohibited by Road Traffic Act 1988, s.165 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 04 August 2008. Offence range: Discharge to Band A fine This offence is non-endorsable and does not attract penalty points Starting point: Band.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Fail to produce test certificate

Road Traffic Act 1988, s.165

Triable
Summary only
Maximum penalty
Level 3 fine

Actus reus

  • Conduct prohibited by Road Traffic Act 1988, s.165 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 04 August 2008. Offence range: Discharge to Band A fine This offence is non-endorsable and does not attract penalty points Starting point: Band.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Fail to notify change of ownership to DVLA

Vehicle Excise and Registration Act 1994 / regulations (as charged)

Triable
Summary only
Maximum penalty
Level 3 fine

Actus reus

  • Conduct prohibited by Vehicle Excise and Registration Act 1994 / regulations (as charged) — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 04 August 2008. Offence range: Discharge to Band B fine Starting point Driver: Band A fine When the offence is committed in the course of a business:.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

No operator’s licence

Goods Vehicles (Licensing of Operators) Act 1995, s.2

Triable
Summary only
Maximum penalty
For goods vehicles over 3

Actus reus

  • Conduct prohibited by Goods Vehicles (Licensing of Operators) Act 1995, s.2 — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 04 August 2008. Offence range: Discharge to Band C fine Starting point: Driver: Band B fine Owner-company: Band C fine.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Pelican / zebra crossing contravention

Zebra, Pelican and Puffin Pedestrian Crossings Regulations / RTA 1988 (as charged)

Triable
Summary only
Maximum penalty
Level 3 fine

Actus reus

  • Conduct prohibited by Zebra, Pelican and Puffin Pedestrian Crossings Regulations / RTA 1988 (as charged) — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 04 August 2008. Offence range: Discharge to Band A fine Starting point: Band A fine Must endorse and impose 3 points Fines Starting point Range.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Fail to use appropriate child car seat

Road Traffic Act 1988, s.15 / regulations

Triable
Summary only
Maximum penalty
Level 2 fine

Actus reus

  • Conduct prohibited by Road Traffic Act 1988, s.15 / regulations — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 04 August 2008.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Stop on hard shoulder on motorway

Motorways Traffic (England and Wales) Regulations / RTA 1988 (as charged)

Triable
Summary only
Maximum penalty
Level 4 fine

Actus reus

  • Conduct prohibited by Motorways Traffic (England and Wales) Regulations / RTA 1988 (as charged) — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 04 August 2008. Offence range: Discharge to Band A fine This offence is non-endorsable and does not attract penalty points.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Drive in reverse or wrong way on motorway

Motorways Traffic (England and Wales) Regulations / RTA 1988 (as charged)

Triable
Summary only
Maximum penalty
Level 4 fine

Actus reus

  • Conduct prohibited by Motorways Traffic (England and Wales) Regulations / RTA 1988 (as charged) — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 04 August 2008. Offence range: Discharge to Band C fine Must endorse and impose 3 points Starting point: Band C fine &nb.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Drive when registration mark fails to conform with regulations

Vehicle Excise and Registration Act 1994 / regulations (as charged)

Triable
Summary only
Maximum penalty
Level 3 fine

Actus reus

  • Conduct prohibited by Vehicle Excise and Registration Act 1994 / regulations (as charged) — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 13 July 2026. Offence range: Discharge to Band A fine This offence is non-endorsable and does not attract penalty points Starting point: Band.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Condition of vehicle/accessories/equipment involving danger of injury

Road Traffic Act 1988, s.40A

Triable
Summary only
Maximum penalty
for vehicles up to 3

Actus reus

  • Conduct prohibited by Road Traffic Act 1988, s.40A — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 04 August 2008. Offence range: Discharge to Band C fine Must impose 3 penalty points.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

Weight/position/distribution of load involving danger of injury

Road Traffic Act 1988, s.40A

Triable
Summary only
Maximum penalty
for vehicles up to 3

Actus reus

  • Conduct prohibited by Road Traffic Act 1988, s.40A — see the linked legislation for the full statutory wording.
  • The prosecution must prove each element of the charged offence beyond reasonable doubt.

Mens rea

  • Mental element as required by the statute (or common law) for the charged offence — check the specific section.

Common defences

Deny actus reus · Deny mens rea · Statutory defence if available · Identification / alibi

Sentencing Council

Sentencing Council guideline effective 04 August 2008. Offence range: Discharge to Band B fine Must impose 3 penalty points.

View definitive guideline ↗

At the police station

Confirm the exact charge wording, linked offences, and disclosure. Follow the linked Sentencing Council guideline for category factors.

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.

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: determine offence category (culpability and harm), identify the starting point and range, then adjust for aggravating and mitigating factors, guilty plea reduction, and totality.

At the police station, sentencing 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.

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