What is the Out of Court Resolutions Panel?

Cumbria’s ‘Out of Court Resolutions Scrutiny Panel’ was established in 2013 and is chaired by Office of Police, Fire 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 Resolutions. 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 Resolutions 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 resolution 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 resolution and rationale in officer’s decision-making process and whether decisions were victim focused.

Who is Involved?

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?

Youth: 

• Outcome 21 (not generally reviewed by the panel) -Further investigation, resulting from the crime report, which could provide evidence sufficient to support formal action being taken against the suspect is not in the public interest – police decision.

Recommended outcome by NPCC in relation to ‘sexting’ offences (without aggravating features)

• Outcome 22 - Diversionary, educational or intervention activity undertaken. 

May be undertaken by police staff, YJS, or another agency. Only authorised by youth decision making panel 

• Community Resolution

Police 

YJS - Youth Triage 

• Youth Caution

• Youth Conditional Caution 

Adult: 

• Community Resolution

• Outcome 22 

• Simple Caution 

For more information, please download the Out of Court Resolutions Terms of Reference.

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 Community Remedy.

Community Remedy is a process that aims to give victims of certain types of crime and anti-social behaviour the opportunity to have a say in how the person responsible 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 consequences for their actions quicker.

The police officer dealing with our case will discuss Community Remedy with you, the options available and if enforceable by the police or not. The police officer dealing with your case will invite you to choose one or more appropriate options from the Community Remedy menu.

The offender must have accepted responsibility for their behaviour. Should the offender refuse to accept this option then there will be consideration of court prosecution or another formal disposal.

Taking part can be a very positive experience for everyone.

The Community Remedy Menu

• Reparation: The offender can be asked to pay for, or repair damage to your property, clean graffiti, or undertake a community-based activity such as litter picking.
• Restoration: A facilitated and structured process that enables direct or indirect communication between those harmed and the person causing the harm (Restorative Justice).
• Rehabilitation: Referral to an intervention programme (such as an alcohol or substance misuse diversion scheme / Domestic Abuse programme / offence focused intervention, Youth Justice Service, Pathways).
  All interventions aim to address the cause(s) of the behaviour and reduce the risk of reoffending.
• Restrictive: A condition not to contact victim or go to a specific location.

The police will tell you if your chosen options are enforceable, or a voluntary arrangement. If any of the chosen options are unsuitable, the police will guide you.

Restorative Justice

Restorative justice gives victims the chance to safely communicate with their offender to explain the real impact of the crime or behaviour upon them and / or ask questions that only the offender could answer, it empowers a victim by giving them a voice.

This process also holds offenders to account for what they have done and helps them to take responsibility and make amends for the harm caused.

If you think Restorative Justice might help you and you wish to speak to someone for an informal chat or to find out more call 0800 612 5810 or email – rjhub@cumbria.police.uk or for further information visit Remedi (remediuk.org)