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Out of court disposals

Out of court disposals are a way of dealing with less serious offending.

Our use of out of court disposals is victim focused – taking into account the full circumstances of the offence, offender and views of the victim.

An offender has to admit they are guilty of an offence to be issued with an out of court disposal and be eligible in terms of previous recorded offending.

Community Remedy

The Community Remedy gives victims a say in the outcome of low-level crime and anti-social behaviour. It provides various options which will be offered to the victim, for them to say how they would like to have the case resolved in terms of the condition used, with a Conditional Caution or Community Resolution.

This list has been agreed following community consultation by the Police and Crime Commissioner:

  • Anti-Social Behaviour Tools, for example, an acceptable behaviour contract
  • Rehabilitation, for example, an educational course
  • Reparation, for example, financial payment to cover repairs
  • Punitive Conditions, for example, a fine or restrictive condition

Types of out of court disposals

Conditional Cautions for adult offenders (18+)

A Conditional Caution is given with one or more conditions attached. The offender must admit the offence, there must be sufficient evidence to prove the offence but the public interest is best served by dealing with the case out of court.

When a Conditional Caution is complied with, the case will not continue at court. However, when conditions are not completed, the case can be taken to and dealt with at court.

The Community Remedy will be used with these disposals to engage the victim and ensure their wishes are taken into account.

Community Resolutions

A Community Resolution is an informal, victim led way of dealing with less serious crime or anti-social behaviour. The victim must agree and the offender must admit the offence.

A Community Resolution is recorded within our local crime and intelligence system, but will not be part of an individual’s criminal record. However, this information may be disclosed if an enhanced check is needed.

The Community Remedy will be used with these disposals to engage the victim and ensure their wishes are taken into account.

Youths (10-17)

A Youth Caution or Youth Conditional Caution are formal disposals which can be used as an alternative to going to court for offenders aged 10 to 17. Before these cautions can be given, the youth must admit to the offence and there must be enough evidence to prove the offence.

Youth Conditional Cautions are intended to be a tougher response to offending than a Youth Caution. If the agreed conditions are broken, the offender can go to court for the original offence.

Both cautions are not convictions and will only appear on the youth’s record for two years after the date they were issued, except for serious offences which will remain on their record.

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