The Director's Guidance on Adult Conditional Cautions - Annex B

Annex B: Guidance for the Selection of Appropriate Conditions

Reparative

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

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

Rehabilitative

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

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

Punitive

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

• to pay a financial penalty

Foreign offender conditions

To effect departure from the UK and ensure non return for a specified period:

• to depart from the UK as soon as reasonably practical and no later than (specified date)
• to comply with any lawful instruction to effect removal from the UK
• to produce and surrender to UKBA a valid national travel or identity document
• to not return to the UK for five years as set out in the immigration Rules and thereafter only in accordance with the Immigration rules.

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

Financial penalty conditions banding

Penalty Band: A

• Standard Penalty: £50
• Mitigated Penalty Offence: Between £20 and £40
• Scales: Summary only offences

Penalty Band: B

• Standard Penalty: £100
• Mitigated Penalty Offence: Between £30 and £50
• Scales: Offences triable either way

Penalty Band: C

• Standard Penalty: £150
• Mitigated Penalty Offence: Between £100 and £150
• Scales: Indictable only offences

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

Note: A financial penalty condition may not be imposed for loitering or soliciting for the purposes of prostitution, possession of any class of drug or an offence under the Road Traffic Act or Road Traffic Offenders Act 1998

Compensation for personal injuries

• Graze
  • Description: Depending on size
  • Award: Up to £75
• Bruise
  • Description: Depending on size
  • Award: Up to £100
• Black eye
  • Award: Up to £125
• Minor cut - no permanent scar
  • Description: Depending on size and whether stitched
  • Award: £100 to £200
• Sprain
  • Description: Depending on loss of mobility
  • Award: £100 to £200