Magistrates’ courts sentencing guidelines listing

Animal Welfare Act 2006, s.4 (unnecessary suffering), s.5 (mutilation), s.6 (docking of dogs’ tails), s.7 (administration of poisons etc), s.8 (fighting etc)

Arranging or facilitating the commission of a child sex offence

Sexual Offences Act 2003, s.14

Arson (criminal damage by fire)

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

Assault occasioning actual bodily harm / Racially or religiously aggravated ABH

Crime and Disorder Act 1998, s.29, Offences against the Person Act 1861, s.47

Assault with intent to resist arrest

Offences against the Person Act 1861, s.38

Being in charge of a motor vehicle with a specified drug above the specified limit

Road Traffic Act 1988, s.5A

Benefit Fraud

Common law, Fraud Act 2006, s.1, , , Tax Credits Act 2002, s.35, Theft Act 1968, s.17

Bladed articles and offensive weapons – having in a public place

Criminal Justice Act 1988 (s.139(1)), Criminal Justice Act 1988 (s.139A(1)), Criminal Justice Act 1988 (s.139A(2)), Prevention of Crime Act 1953 (s.1(1)), Prison Act 1952 (s.40CA)

Bladed articles and offensive weapons – threats

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

Bladed articles and offensive weapons (having in public/education premises and threats) – children and young people

Brakes defective

Brakes defective (over 3.5 tonnes)

Breach of a community order

Sentencing Code, Sch. 10

Breach of a criminal behaviour order

Sentencing Code, s.339

Breach of a protective order (restraining and non-molestation orders)

Family Law Act 1996, s.42A (breach of non-molestation order), Protection from Harassment Act 1997, s.5A, s.39, Sentencing Code, s.363 (restraining orders)

Breach of a sexual harm prevention order

Sentencing Code, s.354, Sexual Offences Act 2003, s.103I

Breach of a Slavery and Trafficking Prevention Order/ Breach of a Slavery and Trafficking Risk Order

Modern Slavery Act 2015, s.30

Breach of a suspended sentence order

Sentencing Code, Sch. 16

Breach of disqualification from acting as a director

Company Directors Disqualification Act 1986, s.13

Breach of disqualification from keeping an animal

Animal Welfare Act 2006, s.34(9)

Breach of post-sentence supervision/ Breach of supervision default order

Criminal Justice Act 2003, s.256AC and sch.19A

Breach offences (other)

, Football Spectators Act 1989, s.14J

Bribery

Bribery Act 2010, s.1, Bribery Act 2010, s.2, Bribery Act 2010, s.6

Care workers: sexual activity in the presence of a person with a mental disorder/ Care workers: causing a person with a mental disorder to watch a sexual act

Sexual Offences Act 2003, s.40, Sexual Offences Act 2003, s.41

Care workers: sexual activity with a person with a mental disorder/ Care workers: causing or inciting sexual activity

Sexual Offences Act 2003, s.38, Sexual Offences Act 2003, s.39

Careless Driving (drive without due care and attention) (Revised 2017)

Road Traffic Act 1988, s.3

Causing a person to engage in sexual activity without consent

Sexual Offences Act 2003, s.4

Causing death by careless or inconsiderate driving

Road Traffic Act 1988, s.2B

Causing death by driving: unlicensed or uninsured drivers

Road Traffic Act 1988, s.3ZB

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

Sexual Offences Act 2003, s.8

Causing or inciting prostitution for gain/ Controlling prostitution for gain

Sexual Offences Act 2003, s.52, Sexual Offences Act 2003, s.53

Causing or inciting sexual exploitation of a child/ Controlling a child in relation to sexual exploitation/ Arranging or facilitating sexual exploitation of a child

Sexual Offences Act 2003, s.48, Sexual Offences Act 2003, s.49, Sexual Offences Act 2003, s.50

Causing serious injury by careless or inconsiderate driving

Road Traffic Act 1988, s.2C

Causing serious injury by dangerous driving

Road Traffic Act 1988, s.1A

Causing serious injury by driving: disqualified drivers

Road Traffic Act 1988, s.3ZD

Child sex offences committed by children or young persons (sections 9-12) (offender under 18)/ Sexual activity with a child family member (offender under 18)/ Inciting a child family member to engage in sexual activity (offender under 18)

Sexual Offences Act 2003, s.13, Sexual Offences Act 2003, s.25, Sexual Offences Act 2003, s.26

Collection of terrorist information

Terrorism Act 2000, s.58

Committing an offence with intent to commit a sexual offence

Sexual Offences Act 2003, s.62

Committing offence with intent to commit a human trafficking offence

Modern Slavery Act 2015, s.4

Common assault / Racially or religiously aggravated common assault/ Battery/ Common assault on emergency worker

Assaults on Emergency Workers (Offences) Act 2018, s.1, Crime and Disorder Act 1998, s.29, Criminal Justice Act 1988, s.39

Communication network offences (Revised 2017)

Communications Act 2003, ss. 127(1) and 127(2)

Condition of vehicle/ accessories/ equipment involving danger of injury – buses/goods vehicles

Road Traffic Act 1988, s.40A

Condition of vehicle/accessories/equipment involving danger of injury

Road Traffic Act 1988, s.40A

Controlling or coercive behaviour in an intimate or family relationship

Serious Crime Act 2015, s.76

Corporate offenders: fraud, bribery and money laundering

Bribery Act 2010, s.1, Bribery Act 2010, s.2, Bribery Act 2010, s.6, Bribery Act 2010, s.7, Common law, Customs and Excise Management Act 1979 (section 170), Fraud Act 2006, s.1, Fraud Act 2006, s.6, Fraud Act 2006, s.7, Proceeds of Crime Act 2002, s.327, Proceeds of Crime Act 2002, s.328, Proceeds of Crime Act 2002, s.329, Theft Act 1968, s.17, Value Added Tax Act 1994 (section 72)

Criminal damage (other than by fire) value exceeding £5,000/ Racially or religiously aggravated criminal damage

Crime and Disorder Act 1998, s.30, Criminal Damage Act 1971, s.1(1)

Criminal damage (other than by fire) value not exceeding £5,000/ Racially or religiously aggravated criminal damage

Crime and Disorder Act 1998, s.30, Criminal Damage Act 1971, s.1(1)

Cruelty to a child – assault and ill treatment, abandonment, neglect, and failure to protect

Children and Young Persons Act 1933, s1(1)

Dangerous driving

Road Traffic Act 1988, s.2

Dangerous parking

Disclosing or threatening to disclose private sexual images

Criminal Justice and Courts Act 2015, s.33

Disorderly behaviour with intent to cause harassment, alarm or distress/ Racially or religiously aggravated disorderly behaviour with intent to cause harassment, alarm or distress

Crime and Disorder Act 1998, s.31(1)(b), Public Order Act 1986, s.4A

Disorderly behaviour/ Racially or religiously aggravated disorderly behaviour

Crime and Disorder Act 1998, s.31(1)(c), Public Order Act 1986, s.5

Domestic burglary

Theft Act 1968. s.9

Drive in reverse or wrong way on motorway

Drive in reverse or wrong way on slip road

Drive off carriageway (central reservation or hard shoulder)

Drive otherwise than in accordance with licence

Drive otherwise than in accordance with licence (where could be covered)

Drive whilst disqualified (Revised 2017)

Road Traffic Act 1988, s.103

Driving or Attempting to Drive with a specified drug above the specified limit

Road Traffic Act 1988, s.5A

Drugs – class A – fail to attend/remain for initial assessment

Drugs Act 2005, s.12

Drugs – class A – fail/refuse to provide a sample

Police and Criminal Evidence Act 1984, s.63B

Drunk and disorderly in a public place (Revised 2017)

Criminal Justice Act 1967, s.91

Encouragement of terrorism/ Dissemination of terrorist publications

Terrorism Act 2006, s.1, Terrorism Act 2006, s.2

Engaging in sexual activity in the presence of a child/ Causing a child to watch a sexual act

Sexual Offences Act 2003, s.11, Sexual Offences Act 2003, s.12

Engaging in sexual activity in the presence of a person with mental disorder impeding choice/ Causing a person, with mental disorder impeding choice, to watch a sexual act

Sexual Offences Act 2003, s.32, Sexual Offences Act 2003, s.33

Engaging in sexual activity in the presence procured by inducement, threat or deception, of a person with mental disorder/ Causing a person with a mental disorder to watch a sexual act by inducement, threat or deception

Sexual Offences Act 2003, s.36, Sexual Offences Act 2003, s.37

Environmental offences (other)

Exceed permitted driving time/ periods of duty

Excess Alcohol (drive/attempt to drive) (Revised 2017)

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

Excess Alcohol (in charge) (Revised 2017)

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

Exhaust defective

Exhaust emission

Exposure

Sexual Offences Act 2003, s.66

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

Fail to comply with notification requirements

Sexual Offences Act 2003, s.91

Fail to comply with police constable directing traffic

Fail to comply with traffic sign (e.g. give way sign, keep left sign, temporary signs)

Fail to comply with traffic sign (e.g. red traffic light, stop sign, double white lines, no entry sign)

Fail to give information of driver’s identity as required

Fail to keep/ return written record sheets

Fail to notify change of ownership to DVLA

Fail to produce insurance certificate

Fail to produce test certificate

Fail to provide specimen for analysis (drive/attempt to drive) (Revised 2017)

Road Traffic Act 1988, s.7(6)

Fail to provide specimen for analysis (in charge) (Revised 2017)

Road Traffic Act 1988, s.7(6)

Fail to stop when required by police constable

Fail to stop/report road accident (Revised 2017)

Road Traffic Act 1988, s.170(4)

Fail to use appropriate child car seat

Failure to disclose information about acts of terrorism

Terrorism Act 2000, s.38B

Failure to ensure animal welfare

Animal Welfare Act 2006, s.9 (breach of duty of person responsible for animal to ensure welfare)

Failure to surrender to bail

Bail Act 1976, s.6

Falsify or alter records with intent to deceive

Firearms – Importation

Customs and Excise Management Act 1979 (s.170(1)(b), (2), (3) and (4A)(a)), Customs and Excise Management Act 1979 (s.50(3), (4) and (5A)(a))

Firearms – Carrying in a public place

Firearms Act 1968, s.19

Firearms – Possession by person prohibited

Firearms Act 1968, s.21(4) and (5)

Firearms – Possession of prohibited weapon

Firearms Act 1968, s.5(1), 5(1A)

Firearms – Possession without certificate

Firearms Act 1968, s.1(1)(a), Firearms Act 1968, s.1(1)(b), Firearms Act 1968, s.2(1)

Criminal Justice and Public Order Act 1994: s.166 (unauthorised sale or attempted sale of tickets);, Football Offences Act 1991: s.2 (throwing missile); s.3 (indecent or racist chanting); s.4 (going onto prohibited areas)., Sporting Events (Control of Alcohol etc.) Act 1985: s.2(1) (possession of alcohol whilst entering or trying to enter ground); s.2(2) (being drunk in, or whilst trying to enter, ground).

Fraud

Common law, Fraud Act 2006, s.1, Theft Act 1968, s.17

Fraudulent evasion of a prohibition by bringing into or taking out of the UK a controlled drug

Misuse of Drugs Act 1971, s.3; Customs and Excise Management Act 1979, s.170(2)

Funding terrorism

Terrorism Act 2000, s.15, Terrorism Act 2000, s.16, Terrorism Act 2000, s.17, Terrorism Act 2000, s.18

Going equipped for theft or burglary

Theft Act 1968, s.25

Handling stolen goods

Theft Act 1968, s.22

Harassment (fear of violence)/ Stalking (fear of violence or serious alarm or distress)/ Racially or religiously aggravated harassment (fear of violence)/stalking (fear of violence or serious alarm or distress)

Crime and Disorder Act 1998, s.32(1)(b), Protection from Harassment Act 1997, s.4, Protection from Harassment Act 1997, s.4A

Harassment/ Stalking/ Racially or religiously aggravated harassment/stalking

Crime and Disorder Act 1998, s.32(1)(a), Protection from Harassment Act 1997, s.2, Protection from Harassment Act 1997, s.2A

Importing or exporting a psychoactive substance

Psychoactive Substances Act 2016, s.8

Individuals: Breach of duty of employer towards employees and non-employees/ Breach of duty of self-employed to others/ Breach of duty of employees at work/ Breach of Health and Safety regulations/ Secondary liability

Health and Safety at Work Act 1974 (section 33(1)(a) for breaches of sections 2, 3 and 7, Health and Safety at Work Act 1974 (section 33(1)(c)), Health and Safety at Work Act 1974 (sections 36 and 37(1) for breaches of sections 2 and 3 and section 33(1)(c)

Individuals: Breach of food safety and food hygiene regulations

Food Hygiene (Wales) Regulations 2006 (regulation 17(1)), Food Safety and Hygiene (England) Regulations 2013 (regulation 19(1)), The General Food Regulations 2004 (regulation 4)

Individuals: Sale of knives etc by retailers to persons under 18

Criminal Justice Act 1988, s.141A

Individuals: Trade mark, unauthorised use of etc.

Trade Marks Act 1994, s.92

Individuals: Unauthorised or harmful deposit, treatment or disposal etc of waste/ Illegal discharges to air, land and water

Environmental Protection Act 1990, s.33, Environmental Permitting (England and Wales) Regulations 2010 , regulations 12 and 38(1), (2) and (3), Environmental Permitting (England and Wales) Regulations 2016, regulations 12 and 38(1), (2) and (3)

Inducement, threat or deception to procure sexual activity with a person with a mental disorder/ Causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception

Sexual Offences Act 2003, s.34, Sexual Offences Act 2003, s.35

Inflicting grievous bodily harm/ Unlawful wounding/ Racially or religiously aggravated GBH/ Unlawful wounding

Crime and Disorder Act 1998, s.29, Offences against the Person Act 1861, s.20

Keeping a brothel used for prostitution

Sexual Offences Act 1956, s.33A

Learner driver or excluded vehicle

Lights defective

Make U turn on motorway

Making Off Without Payment

Theft Act 1978, s.3

Meeting a child following sexual grooming

Sexual Offences Act 2003, s.15

Money laundering

Proceeds of Crime Act 2002, s.327, Proceeds of Crime Act 2002, s.328, Proceeds of Crime Act 2002, s.329

Motoring offences appropriate for imposition of fine or discharge

No excise licence

No goods vehicle plating certificate

No goods vehicle test certificate

No insurance (Revised 2017)

Road Traffic Act 1988, s.143

No operators licence

No test certificate

Non-domestic burglary

Theft Act 1968. s.9

Number of passengers or way carried involving danger of injury

Number of passengers or way carried involving danger of injury (over 3.5 tonnes)

Obstruct/ resist a police constable in execution of duty (Revised 2017)

Police Act 1996, s.89(2)

Offences with a terrorist connection: guidance

Organisations: Breach of duty of employer towards employees and non-employees/ Breach of duty of self-employed to others/ Breach of Health and Safety regulations

Health and Safety at Work Act 1974 (section 33(1)(a) for breaches of sections 2 and 3), Health and Safety at Work Act 1974 (section 33(1)(c))

Organisations: Breach of food safety and food hygiene regulations

Food Hygiene (Wales) Regulations 2006 (regulation 17(1)), Food Safety and Hygiene (England) Regulations 2013 (regulation 19(1)), The General Food Regulations 2004 (regulation 4)

Organisations: Sale of knives etc by retailers to persons under 18

Criminal Justice Act 1988, s.141A

Organisations: Trade mark, unauthorised use of etc.

Trade Marks Act 1994, s.92

Organisations: Unauthorised or harmful deposit, treatment or disposal etc of waste/ Illegal discharges to air, land and water

Environmental Permitting (England and Wales) Regulations 2010 , regulations 12 and 38(1), (2) and (3), Environmental Permitting (England and Wales) Regulations 2016, regulations 12 and 38(1), (2) and (3), Environmental Protection Act 1990, s.33

Overloading/ exceeding axle weight

Overloading/ exceeding axle weight (over 3.5 tonnes)

Owner or person in charge of a dog dangerously out of control in any place in England or Wales (whether or not a public place)

Dangerous Dogs Act 1991, s. 3(1)

Owner or person in charge of a dog dangerously out of control in any place in England or Wales (whether or not a public place) where a person is injured

Dangerous Dogs Act 1991, s. 3(1)

Owner or person in charge of a dog dangerously out of control in any place in England or Wales (whether or not a public place) where an assistance dog is injured or killed

Dangerous Dogs Act 1991, s. 3(1)

Owner or person in charge of a dog dangerously out of control in any place in England or Wales (whether or not a public place) where death is caused

Dangerous Dogs Act 1991, s. 3(1)

Paying for the sexual services of a child

Sexual Offences Act 2003, s.47

Pelican/ zebra crossing contravention

Permitting premises to be used

Misuse of Drugs Act 1971, s.8

Position or manner in which load secured (not involving danger)

Position or manner in which load secured (not involving danger) (over 3.5 tonnes)

Possession for terrorist purposes

Terrorism Act 2000, s.57

Possession of a controlled drug

Misuse of Drugs Act 1971, s.5(2)

Possession of a prohibited dog/ Breeding, selling, exchanging or advertising a prohibited dog

Dangerous Dogs Act 1991, s.1(7)

Possession of articles for use in frauds/ Making or supplying articles for use in frauds

Fraud Act 2006, s.6, Fraud Act 2006, s.7

Possession of indecent photograph of child/ Indecent photographs of children

Criminal Justice Act 1988, s.160, Protection of Children Act 1978 (section 1)

Producing a psychoactive substance

Psychoactive Substances Act 2016, s.4

Production of a controlled drug / Cultivation of cannabis plant

Misuse of Drugs Act 1971, s.4(2)(a) or (b), Misuse of Drugs Act 1971, s.6(2)

Proscribed organisations – membership

Terrorism Act 2000, s.11

Proscribed organisations – support

Terrorism Act 2000, s.12

Racial hatred offences/ Hatred against persons on religious grounds or grounds of sexual orientation

Public Order Act 1986, ss.18-23, Public Order Act 1986, ss.29B-29G

Railway fare evasion (Revised 2017)

Regulation of Railways Act 1889, s.5(3) (travelling on railway without paying fare, with intent to avoid payment); s.5(1) (failing to produce ticket)

Revenue fraud

Common law, Customs and Excise Management Act 1979 (sections 50, 170 and 170B), Fraud Act 2006, s.1, Taxes Management Act 1970 (section 106A), Theft Act 1968, s.17, Value Added Tax Act 1994 (section 72)

Robbery – Sentencing children and young people

School non-attendance (Revised 2017)

Education Act 1996, s.444(1) (child fails to regularly attend at school); s.444(1A) (Parent knowingly fails to secure regular attendance at school of registered pupil)

Seat belt offences

Sex with an adult relative: penetration/ Sex with an adult relative: consenting to penetration

Sexual Offences Act 2003, s.64, Sexual Offences Act 2003, s.65

Sexual activity in a public lavatory

Sexual Offences Act 2003, s.71

Sexual activity with a child family member/ Inciting a child family member to engage in sexual activity

Sexual Offences Act 2003, s.25, Sexual Offences Act 2003, s.26

Sexual activity with a child/ Causing or inciting a child to engage in sexual activity

Sexual Offences Act 2003, s.10, Sexual Offences Act 2003, s.9

Sexual activity with a person with a mental disorder impeding choice/ Causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity

Sexual Offences Act 2003, s.30, Sexual Offences Act 2003, s.31

Sexual assault