Living

Appendix B

Young, elderly or infirm offender
Recompense has been made to any affected party
Small business or individuals with few financial / technical resources
Accident, mistake, misjudgement, oversight, or ignorance of the law [compliance with trading law generally apparent / good QA]
A 'one off' incident
A 'technical' offence
Long (unjustifiable) delay since offence
Suggestion previously given that no prosecution would ensue
There is no 'victim' (or the victim is reluctant to act as a witness)
Already sentenced for a related matter (or currently imprisoned for a significant period on any matter)
Co-operative since the offence disclosed
Other strong mitigation

Public safety or health has, or may be endangered
The environment has or may be endangered
Animal welfare has or may be placed at risk
Significant (actual or potential) financial loss incurred [or there is substantial (actual / potential) gain to the offender]
There is evidence of 'intent' or 'guilty knowledge'. [e.g. use of false name / address]
There is evidence of recklessness or negligence. [e.g. previous advice / warning for similar matter, or numerous offences disclosed]
Offender has previous similar conviction / caution [especially if present offence committed whilst on bail or during the currency of a conditional discharge, Community Service Order, etc]
There has been long term, or recurring, offending
There has been widespread publicity about this sort of offence, or business seminars, etc, on the point have been widely available
Offence is of a type locally or nationally prevalent
There is an identified 'victim' [especially if a 'vulnerable' victim (e.g. elderly or mentally infirm)]
There is potential for a court to compensate a victim [amount of loss is verifiable, etc]
Other sanctions (e.g. Statutory Notices) are not available
The offer of a caution has been rejected
An officer was obstructed