What is the Out of Court Disposal Panel?

Cumbria ‘Out of Court Disposal Scrutiny Panel’ was established in 2013 and is chaired by Office of Police and Crime Commissioner. The intention of the panel is to provide transparency and accountability and to increase public understanding, confidence and trust in how the Constabulary use Out of Court Disposals. There is particular focus on the delivery of appropriate and proportionate justice and ensuring redress for victims of crime.

The purpose of the Scrutiny Panel is to independently review a selection of anonymised cases that have been resolved by use of an out of court disposal. The scrutiny panel has no referral or appeals capability and is not intended to re-judge cases. It will assess the relevant processes, interactions and decisions to identify any areas for development and continuous organisational learning.

Out of Court Disposals allow the police to deal quickly and proportionately with low level, often first time offending which can be appropriately resolved without a prosecution at court. Delivered ethically, effectively, to the right people and in the right circumstances they provide swift and meaningful justice for victims, hold offenders accountable for their actions and reduce re-offending. The aim of the panel is to determine whether the method of disposal is considered appropriate, based on a review of the information/evidence available to the decision maker at the time. The panel will consider the offence category and severity of offence, evidence present at the time of disposal and rationale in officer’s decision making process and whether decisions were victim focused.

Who is Involved?

Independent Chairperson - Member of Police and Crime Commissioner's Office

Cumbria Constabulary Chief Officers

Crime Registrar

Lead Diversity Officer

Crime Reduction & Criminal Justice Partnership Officer

Magistrates

Crown Prosecution Service

Victim Support

Youth Offending Service

National Probation Service

Cumbria Independent Advisory Group

How are cases selected?

Currently cases are selected for the Out of Court Disposal Panel, to a representative from the scrutiny panel (not a member Cumbria Constabulary) and overseen by the Office of Police and Crime Commissioners. This ensures transparency, maintains public confidence and allows the system to have credibility in Cumbria Constabulary’s desire to be open and accountable.

• Category A: Offences with a classification that a member of the public might consider to be outside the scope of the Out of Court Disposal Framework, such as Serious Assault with Injury, Domestic Violence incidents, Hate Crime and Serious Sexual Offences
• Category B: Offences featuring offenders with previous out of court disposals or criminal convictions
• Category C: Any crime which has any Hate Crime or Domestic Violence Marker associated with it
• Category D: A selection of Community Resolution disposals
• Category E: A selection of any out of court disposals where it is indicated that Restorative Justice has been utilised.
• Category F: A selection of youth and adult cautions not falling above categories
• Category G – Outcome 22 (Pathways) A selection of Outcome 22 disposals (Diversionary, educational or intervention activity undertaken) not falling in above categories.

What types of Out of Court Disposals are available?

Adult Simple Caution:

A simple caution is a non-statutory disposal for adult offenders designed for circumstances where it is in the public interest not to prosecute but, instead to issue a formal warning.

In order for a simple caution to be issued there must be:

• A clear and reliable admission to all elements of the offence.
• Sufficient evidence to provide a realistic prospect of conviction in respect of the offence, if the offender were to be prosecuted (Sect 28)
• An agreement by the offender to accept the caution

A simple caution is not a criminal conviction. It is, however, an admission of guilt and forms part of an offender’s criminal record. If a caution is administered it will be retained in line with relevant legislation.

Community Resolution:

A community resolution is a informal disposal that deals with low level offending. It empowers officers to apply their professional judgement in deciding whether a community resolution  best meets the interest of the public after considering the offence, victim and offender.

Community Resolutions can be issued to both adults and youths but the following needs to be taken into consideration:

• Offence
• Victims wishes under Community Remedy
• Offender’s offending history
• Other considerations

Community Resolutions provide a more victim-orientated approach to dealing with crime, focused on providing a better service to the victim of crime and the potential for engaging them in the process.

Youth Caution:

A youth caution is a formal out-of-court resolution and may be given by the police for appropriate offences where:

• the young person is aged between 10-17 years
• the young person admits the offence
• there is sufficient evidence for a realistic prospect of conviction, but is not in the public interest to prosecute

Youth Conditional Caution:

A Youth Conditional Caution is a formal disposal for youth offenders.  The criteria for a Youth Conditional Caution is the same as a Youth Caution however conditions are attached to address offending behaviour. Public interest is best served by the offender complying with suitable conditions rather than a formal prosecution.

The victim should be consulted and views sought, as to what conditions might be appropriate to set in order to address offending behaviour and repair the harm caused.  It should be noted the victim cannot insist on the manner in which the crime is disposed however they will be considered by the decision makers.

Deferred Caution:

Deferred Caution is suitable for adult offenders only and generally used for lower level offences and for an offender with no or limited criminal history, where it is not in the public interest to prosecute. The disposal creates an opportunity for improved victim engagement, and offers rehabilitative opportunities for the offender, thus reducing the risk of reoffending.

As part of a Deferred Caution, conditions will be set which can include Reparation (including Compensation) and Restorative Justice. All offenders must engage with a rehabilitative condition which requires the offender to engage with the Pathways programme for 8 weeks to address offending behaviour and Pathways will provide onward signposting where appropriate. This disposal is voluntary (alternative disposal issued if refuse to engage) and on successful completion of the conditions the crime is closed as Resolved Outcome 22 (Deferred Caution).  Offenders who fail to complete the conditions set, will instead receive a caution which will be recorded on PNC depending on the circumstances.

Deferred Charge:

The same in principal as the Deferred Caution, but for use alongside more serious offences and persistent offenders.

Offenders issued a Deferred Charge must engage with the Pathways programme for 16 weeks. This disposal is voluntary (alternative disposal issued if they refuse to engage) and on successful completion of the conditions the crime is closed as Resolved Outcome 22 (Deferred Charge). For those offenders who fail to successfully complete the conditions set, the Police have the right to consider an alternative disposal which often leads to the offenders being charged to court.

Key Findings for 2024

• 7th March 2024 – Out of Court Disposals Public Minutes (23 cases reviewed)