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OOCDs are an important tool in addressing early stages of offending behaviour. They allow the police to deal quickly with low-level offending without recourse to the courts. They are an opportunity to provide intervention and support to potential offenders at the early stages in criminal behaviour, diverting them into rehabilitative services to help reduce escalation of offending.
All out of court disposals should allow the victim’s voice to be heard and to be part of the decision-making process where appropriate.
South Wales and Gwent Police forces moved to a new Two-Tier Out of Court Disposal Framework in 2021 meaning we now use just two main disposals:
Out of court disposals provide victims of low-level offences the opportunity to have their views and feelings heard and to be involved in decision making around how the police deal with the crime.
The victims’ views will be considered when setting conditions for offenders as part of an out of court disposal. These may include making an apology, repairing harm caused by the offence or engaging with rehabilitative interventions.
Although, the victim’s views will always be considered, the final decision will remain the responsibility of the Police. If decisions are made that are not in line with the victim’s wishes, an appropriate rationale will be provided by the officer in the case.
A community resolution is a non-statutory outcome enabling Police to deal with predominantly first-time offenders committing low level crime. The key principles are that it:
Eligibility for a community resolution:
A Conditional Caution is a formal Out of Court Disposal and forms part of an offender’s criminal record. It is generally used if an offender continues to reoffend within a 2-year period of receiving a community resolution or the offence is serious enough to be charged to court but for public interest reasons and possibly other mitigating reasons, a conditional caution is felt to be the more proportionate outcome.
The key principles of a conditional caution are that it:
Eligibility for a conditional caution:
This scheme is open to eligible female offenders over the age of 18 living in the South Wales Police or Gwent Police force areas and offers a multi-agency, community-based service that addresses an individual’s risks and needs in a safe, non-intimidating environment. Services include advice on a range of issues including health including mental health, relationships including domestic abuse, behavioural change, substance misuse, finance and housing.
A referral to the Future 4 team will start with them conducting an initial assessment with the individual to identify any specific needs for which they may require support. They will tailor a support plan which will include allocating a case manager and may include making referrals to specialist agencies if required.
Women can be referred to this service as part of a community resolution, conditional caution or on a voluntary basis – even if continuing through the criminal justice to court or prison.
This service is funded by South Wales and Gwent Police & Crime Commissioners, HMPPS and Welsh Government.
This scheme is open to eligible offenders in the 18-25 age group living in the South Wales Police or Gwent Police force areas and offers a community-based service that addresses individual risks and needs and helps find solutions to reduce the risk of re-offending. Services include advice on a range of issues including health and mental health, behavioural change, relationships, substance misuse, finance and housing.
The 18-25 team will conduct an initial assessment with the individual to identify any specific needs for which they may require support. They will tailor a support plan which may include making referrals to specialist agencies if required.
Young adults can be referred into this service as part of a community resolution, conditional caution or voluntarily.
This service is funded by South Wales and Gwent Police & Crime Commissioners and Welsh Government.
Suitable for the following offences as part of a community resolution or as a condition of a conditional caution:
Aims of the course:
This course is provided by G4S/Dyfodol on behalf of South Wales and Gwent Police and costs £60 to the offender to attend.
Suitable for the following offences as part of a community resolution or as a condition of a conditional caution:
Aims of the course:
This course is provided by TTC on behalf of South Wales and Gwent Police and costs the offender £60 to attend.
Suitable for the following offences as part of a community resolution or as a condition of a conditional caution:
The above list is not exhaustive and is by example only.
Aims of the course:
This course is provided by TTC on behalf of South Wales and Gwent Police and costs the offender £60 to attend.
ARA is a FREE gambling support service for anyone who discloses early or advanced signs of a gambling addiction that the police believe has led to you committing an offence. Referral to this support can be voluntary or as part of a community resolution or a condition of a conditional caution.
The support consists of:
To ensure there is transparency, consistency and accountability in the use of Out of Court Disposals, Scrutiny Panels have been established across the force. The purpose of these Panels is to independently assess, scrutinise and quality control the use of these type of disposals for both adults and youths (10-17 year olds).
These Scrutiny Panels are an important tool for ensuring that police are held accountable for their use of OoCD’s, as well as providing assurance that difficult decisions to administer such disposals are justified. The findings from these panels are used to promote best practice, identify potential learning, policy development or training needs for consideration by Police, YOS or other agencies involved. While the Panel can make recommendations to inform future decision making, they cannot change the original outcome of the cases being reviewed.
Members include representatives from criminal justice organisations such as the Courts, Police Force, Probation Service, Youth Offending and Crown Prosecution Service.