The Community Remedy
Under the Anti-Social Behaviour, Crime & Policing Act 2014 a mandatory requirement was placed upon Police Forces to discuss out of court disposal options with victims of crime, this process is known as the Community Remedy.
Community Remedy is a process that aims to give victims of low level crime and anti -social behaviour the opportunity to have a say in how the person responsible for their crime is dealt with by the police.
Dealing appropriately with certain types of crime out of court, means victims get justice quicker and the offender faces immediate consequences for their actions. Offering and discussing the Community Remedy with a victim is not optional, it is mandatory and forms part of a police officer’s decision-making process when considering any out of court disposal.
What is a low- level offence?
Offences that if dealt with by the Magistrates Court would not result in imprisonment or long-term community sentences, such as criminal damage, low value theft, minor assaults (without injury) and anti-social behaviour.
Effective justice should reflect the nature of the crime and level of harm caused.
Is Community Remedy always used for a low level offence?
Community Remedy applies when the police decide to deal with the low level offence outside of the courts (called an Out-of-Court disposal), specifically using:
Community Resolution: A voluntary informal agreement mainly used with first-time offenders for less serious offences. Conditions can be attached to a Community Resolution, however there are no enforcement options available if the offender fails to comply.
Deferred Caution (Pathways) or a Youth Conditional Caution:
A Youth Caution with conditions attached which aim to focus on rehabilitation and repairing the harm to the victim. If the offender fails to comply with the conditions then consideration of prosecution for the original offence will be given.
A Deferred Caution with conditions attached which aim to focus on rehabilitation by way of the Pathways programme over an 8 week and repairing the harm to the victim.
Deferred Charge (Pathways)
A Deferred Charge with conditions attached also aiming to focus on rehabilitation by way of the Pathways programme over a 16 week period and repairing the harm to the victim.
The police officer dealing with the case will invite you to choose one or more appropriate options from the Community Remedy Menu.
- Reparation option:
The offender can be requested to pay compensation for injury or pay or repair damage to property. Please note the police officer will advise if this is enforceable or a voluntary arrangement. This option is suitable for certain types of crime or Anti-Social Behaviour (ASB)
- Restorative option:
- Facilitated face to face meeting between the victim and offender, so that those affected have an opportunity to explain the impact upon them, get answers to questions they have, and /or obtain an explanation from the offender. This option is suitable for crime or ASB.
- A written or verbal communication which may contain an apology from the offender to the victim. This option is suitable for crimes or ASB (for more information see the separate Restorative Justice page on this website
- Rehabilitation Option:
- Adult offenders – Pathways intervention where support is provided to prevent re-offending to those who have committed certain types of low- level crime while addressing the root cause of offending.
- Youth offenders – Referral to a suitable intervention programme and / or service provider (Youth Triage)
- Referral to an outreach programme which may address alcohol & / or substance misuse, supported by Pathways Support Workers (PSWs) if engaged on the Pathways programme.
- Referral to a programme that can address the attitudes, thinking and behaviours towards people from a different background. This is suitable for a hate incident or crime & will be supported by PSWs.
- Other programmes that may be commissioned by the OPCC.
- Restrictive Option:
- Condition not to contact the victim or others affected by the behaviour complained of for a specified time.
- Condition not to be in a location relevant to the offence or victim for a specified time.