Taxi touting/soliciting for hire (Revised 2017)

Criminal Justice and Public Order Act 1994, s.167
Effective from: 24 April 2017

Triable only summarily:
Maximum: Level 4 fine
Offence range: Conditional Discharge – Band C fine

User guide for this offence

Step 1 – Determining the offence category

The Court should determine the offence category using the table below.

Category 1      Higher culpability and greater harm

Category 2      Higher culpability and lesser harm or lower culpability and greater harm

Category 3      Lower culpability and lesser harm

The court should determine the offender’s culpability and the harm caused with reference only to the factors below. Where an offence does not fall squarely into a category, individual factors may require a degree of weighting before making an overall assessment and determining the appropriate offence category.

CULPABILITY demonstrated by one or more of the following:

Factors indicating higher culpability

  • Targeting of vulnerable/unsuspecting victim(s) (including tourists)
  • Commercial business/large scale operation
  • Offender not licensed to drive
  • Positive step(s) taken to deceive

Factors indicating lower culpability

  • All other cases

 HARM demonstrated by one or more of the following:

Factors indicating greater harm

  • Passenger safety compromised by vehicle condition
  • Passenger(s) overcharged

Factors indicating lesser harm

  • All other cases