2. Taxi touting/soliciting for hire (Revised 2017)

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

Step 2 – Starting point and category range

Having determined the category at step one, the court should use the starting point to reach a sentence within the appropriate category range in the table below. The starting point applies to all offenders irrespective of plea or previous convictions.

Offence Category

Starting Point

Range

 Category 1

Band C fine                              

Band B fine – Band C fine and disqualification 6-12 months

 Category 2

Band B fine                              

Band A fine – Band B fine and consider disqualification 3-6 months

 Category 3

Band A fine                             

Conditional discharge – Band A fine and consider disqualification 1-3 months

Note: refer to fines for offence committed for ‘commercial’ purposes

Band ranges
Starting point Range
Fine Band A  50% of relevant weekly income  25 – 75% of relevant weekly income
Fine Band B  100% of relevant weekly income  75 – 125% of relevant weekly income
Fine Band C  150% of relevant weekly income 125 – 175% of relevant weekly income
Fine Band D  250% of relevant weekly income 200 – 300% of relevant weekly income
Fine Band E 400% of relevant weekly income 300 – 500% of relevant weekly income
Fine Band F  600% of relevant weekly income  500 – 700% of relevant weekly income

The court should then consider adjustment for any aggravating or mitigating factors. The following is a non-exhaustive list of additional factual elements providing the context of the offence and factors relating to the offender. Identify whether any combination of these, or other relevant factors, should result in an upward or downward adjustment from the sentence arrived at so far.

Factors increasing seriousness

Statutory aggravating factors:

  • Previous convictions, having regard to a) the nature of the offence to which the conviction relates and its relevance to the current offence; and b) the time that has elapsed since the conviction
  • Offence committed whilst on bail

Other aggravating factors:

  • Failure to comply with current court orders
  • Offence committed on licence or post sentence supervision
  • PHV licence refused/ ineligible

Factors reducing seriousness or reflecting personal mitigation

  • No previous convictions or no relevant/recent convictions
  • Remorse
  • Good character and/or exemplary conduct
  • Mental disorder or learning disability
  • Sole or primary carer for dependent relatives