Out of Court Resolutions

Out of Court Resolutions

Out of Court Resolutions (OoCR) allow the police to deal quickly and proportionately with less serious, often first time offending, which can be appropriately resolved without going to court.

Delivered ethically and 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.

An out of court resolution can only be given following an admission.

Adults

The following OoCR options are available for adult offenders:

Community Resolution- this is an informal resolution and is the lowest option available. As such it is used for less serious offences and usually where the offender has little or no previous offending history . It provides an opportunity for early intervention to address the root cause of offending behaviour and repair the harm caused to victims. It may be used alongside restorative justice, but only where both partes agree and it is safe to do so.

A community resolution is not a criminal record, however it will be recorded on the local  police system. There may be occasions when it could be  disclosed as part of an enhanced DBS check. (For more information, see “criminal records” below.) 

Conditional Caution- this is a more formal outcome and is used for repeat or more serious offending where it is still not in public interest to go to court. A conditional caution will include an intervention to effectively address the offending behaviour and/or repair the harm to the victim. Failure to complete the agreed conditions may result in prosecution. 

Restorative Intervention – this will be considered in each case and can include facilitating communication between the victim and offender to repair the harm caused. More information about restorative justice can be found here.

Children and Young People

The following options are available for children and young people who have accepted responsibility for their part in a crime.

Community Resolution- this is an informal, non statutory outcome and is the lowest out of court resolution available . A Community Resolution is intended to provide a timely and effective response to less serious crime. The child must accept responsibility for their actions and whilst there is no requirement for diversionary activity to take place, this can be offered on a voluntary basis.

Deferred Caution- can be used where a child meets the criteria for a youth caution and is referred to the Youth Justice Service. Following an assessment, it may be decided that it is more appropriate to divert the child from the criminal justice system  and they will be offered a 12 week programme of support and interventions to address the behaviour.  Upon successful completion,  the crime is  resulted as no further action. If the child fails to comply, the outcome may revert to the original youth caution.

Youth Caution- this is a formal, statutory outcome that is the entry point to the criminal justice system. It is usually used for more serious or repeat offending where it is believed that the child will engage with YJS. Any interventions agreed as part of a caution are voluntary and the outcome cannot be changed in the event of non-compliance.

Youth Conditional Caution- This is similar to a youth caution but with conditions attached. It is generally used as a last option prior to charge. Any conditions set as part of the caution are enforceable and may result in prosecution if not completed.

In most cases GMP will work closely with the Youth Justice Service to decide the most appropriate resolution and intervention pathway.  

The Youth Justice Service (YJS)

The Youth Justice Service works with children aged 10 to 17 after they have been involved in crime. They are a team of professionals from different agencies who work together to support the child and their families to prevent further offending. They are aligned to the local authorities across Greater Manchester and  usually work with children who live in their local area (which could be different from where the crime occurred).

Victims

Each Youth Justice Service has a victim’s worker who can offer support to the victim  of a child referred into the service. Greater Manchester Police will only share details of the victim with the relevant YJS if the victim consents to the referral.

If consent is given,  someone from the YJS will contact  the victim. They will be given the opportunity to explain the impact of the crime  and have a voice in the outcome and interventions. The YJS will consider a range of restorative interventions but participation by the victim is voluntary. The victim will also be provided with regular updates.

If the victim does not wish to be involved in the process with Youth Justice,  they will continue to receive updates from GMP on the progress of the investigation.  They are still entitled to access support from Greater Manchester Victims’ Services  who offer free, independent advice and support for victims of crime across Greater Manchester.  They can provide emotional support, practical guidance, advocacy and referrals to specialist services  and can be contacted as below

Greater Manchester Victims’ Services: 0800 876 6155  https://www.gmvictimsservices.org/en-US/

What happens when a child is referred to Youth Justice ?

Following a referral by the police someone from the Youth Justice Service will make contact with the child and their family (or carer) to explain what will happen next. This will usually involve completing an assessment with them to understand what happened and why, and what support and interventions are needed moving forward. 

A panel of professionals from different partners will come together to discuss the case. They will consider the crime investigation, the impact on the victim and their views and the outcome of the assessment. They will then use all the relevant information to decide the most appropriate outcome.

The YJS will continue to work with the child and their family or carer until any agreed plan is completed. In some cases the final outcome will depend on successful completion of the work,  but in other cases it may be voluntary.

Criminal Records (Adults and Children/ Young People)

The implications of any out of court resolution will be explained at the point of issue. For more information, visit GOV.UK or  Unlock. 

Information in relation to a community resolution can be found here.

Community Remedy

What is Community Remedy?

Community Remedy was first introduced in 2014 as part of the Anti-Social Behaviour, Crime and Policing Act. It was designed to offer victims a greater voice in out-of-court punishment for those engaged in anti-social behaviour (ASB) or who have committed a low-level offence.

This document sets out how victims of less serious crime and ASB can have a say in the appropriate interventions for those offenders who receive an Out of Court Resolution (OoCR).

How is Community Remedy used?

The Community Remedy can apply to any Out of Court Resolution. OoCRs are an alternative outcome to prosecution at court and are usually used for less serious and first time offending. In Greater Manchester, the OoCR options for an adult are usually Community Resolution or Conditional Caution.

Community Resolutions are an informal agreement between victim and offender, and the agreed conditions are not enforceable by police.

Conditional Cautions are a formal resolution where an offender’s failure to comply can lead to prosecution for the original offence.

OoCRs can only be used when an offender admits their part in an incident or crime and agrees to the outcome being used. The investigating officer must also determine that both the offence and the perpetrator’s offending history make the case appropriate to be dealt with outside of court.

How are victims’ wishes considered?

If you are a victim, you will be asked your opinion on which Community Remedy options you think would be most appropriate for the offender in your case. The investigating officer must take your thoughts into account but will also consider other factors such as proportionality and the offender’s background. The officer dealing with your case will make the final decision and will keep you informed about what happens next.

Community Remedy options

The below is a list of pathways and interventions that are available across the region, as agreed by the Police, Combined Authority and Local Authorities of Greater Manchester.

• An apology – this could be face to face or by letter, providing the apology is wanted and considered appropriate.
• A restorative approach – this is facilitated communication between those harmed and those responsible for causing the harm. It can take place as Restorative Justice or mediation.
• Reparative work to repair any damage caused, where appropriate.
• An assessment of issues that might contribute to the offending behaviour and a referral to an agency that can help, for example a victim awareness course or drug / alcohol support.
• Compensation to the victim for damage or loss: for example, to the victim for theft.
• An assessment by the local Community Safety and Neighbourhood Policing Teams to consider action under Anti-Social Behaviour legislation.
• Words of advice from the officer in the case.

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