Paragraph 3 Bands of OffencesF19

every indictable offence falls within the F1band of that offence set out in the AGFS Banding Document and, subject to sub-paragraph (2), indictable offences not specifically so listed are deemed to fall within F2band 17.1;

conspiracy to commit an indictable offence contrary to section 1 of the Criminal Law Act 1977 M1 (the offence of conspiracy), incitement to commit an indictable offence and attempts to commit an indictable offence contrary to section 1 of the Criminal Attempts Act 1981 M2 (attempting to commit an offence) fall within the same F3band as the substantive offence to which they relate;

where the F4AGFS Banding Document specifies that the F5band within which an offence falls depends on whether the value F6, amount or weight involved exceeds a stated limit, the value , amount or weight must be presumed not to exceed that limit unless the advocate making the claim under regulation 4 proves otherwise to the satisfaction of the appropriate officer;

where more than one count of the indictment is for an offence in relation to which the F7band depends on the value F8, amount or weight involved, that value , amount or weight must be taken to be the total value , amount or weight involved in all those offences, but where two or more counts relate to the same property, the value , amount or weight of that property must be taken into account once only;

where an entry in the F9AGFS Banding Document specifies an offence as being contrary to a statutory provision, then subject to any express limitation in the entry that entry includes every offence contrary to that statutory provision whether or not the words of description in the entry are appropriate to cover all such offences;

where in a case on indictment there is a hearing to determine the question of whether an assisted person is unfit to plead or unfit to stand trial, the trial advocate must elect whether that hearing falls within the same F10band as the indictable offence to which it relates or within F11band 5.3; and

where in a case on indictment a restriction order is made, the offence is to be treated as if it falls within band 1.3, regardless of the band within which the offence would fall within the AGFS Banding Document but for this paragraph.

confirm the F16banding of the offence within F17band 17.1; or

F18re-band the offence,