Out of Court Resolutions
Out of Court Resolutions - previously known as Out of Court Disposals - are used by the police to deal with low-level crime and anti-social behaviour instead of taking an offender to court.
They are a way to resolve an investigation where the offender is known and has admitted to the offence. The victim is always consulted before deciding whether to proceed with an Out of Court Resolution. By focusing on restorative justice and the impact of the crime, the aim of Out of Court Resolution is to deliver justice for victims and prevent reoffending.
Which crimes can be dealt with via Out of Court Disposals?
Only less serious offences can be dealt with out of court. These can be:
Summary Offences - Low-level crimes that would normally be dealt with only by a Magistrates Court. E.g. Shoplifting.
Either Way Offences - These are crimes which could be more or less serious based on aggravating or mitigating factors, however it's only the less serious Either Way offences which will be considered for an Out of Court Resolution. E.g. Less Burglary or assault.
Any Either Way offence deemed more serious or an Indictable offence will be sent straight to court.
Types of Out of Court Resolutions
There are currently three main types:
A Conditional Caution is given with one or more conditions attached. The offender must admit the offence and there must be sufficient evidence to prove the offence, as well as a case for the public interest being 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 the conditions are broken by the offender, the case can be taken to and dealt with at court.
Engagement with the victim is key to this type of Out of Court Resolution, to ensure their wises are taken into account.
Youth Cautions and Youth Conditional Cautions are both formal disposals which can be used as an alternative to going to court for offenders aged 10 to 17.
Before either of 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.
A Community Resolution is an informal, victim-led way of dealing with less serious crime or anti-social behaviour.
These are recorded by the police, but will not be part of an individual’s criminal record. However, the information may be disclosed if an enhanced check is needed.
To pursue a Community Resolution the victim must agree, and the offender must admit the offence. This process is available for both youth and adult offenders where it is deemed appropriate.
The victim will be consulted to ensure that their wishes are taken into account and that dealing with their case out of court is the right course of action.
How do I seek an Out of Court Resolution?
See the links below for information about how to deal with community issues, anti-social behaviour and low-level offences out of court:
How is the use of Out of Court Resolutions Scrutinised?
The Commissioner and his office convene a Scrutiny Panel to consider how effectively Out of Court Resolutions are used in Cheshire. Find out more about the membership of the Panel and how it operates:
