Out of Court Disposals
What is an Out of Court Disposal?
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:
- community resolution
- conditional caution
Out of Court Disposal – victims of crime
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.
What is a community resolution?
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:
- offers a proportionate response to low level offending
- is an opportunity for offenders to receive rehabilitative support to reduce likelihood of re-offending (see section Rehabilitative Interventions for further information)
- is an opportunity for the offender to financially compensate the victim - individual, business or a community - where appropriate
- does not form part of a criminal record and will show ‘no further action’ on the Police National Computer (PNC), however it will appear on an enhanced DBS check.
Eligibility for a community resolution:
- For an adult community resolution, suspects must be 18 years of age or over at the time of committing the offence (if young person at time of offence, a referral will be made to the local youth offending team)
- Realistic prospect of conviction but is in the public interest to issue an out of court disposal as an alternative to charge
- Full and frank admission of the offence and or accept responsibility
- Offender shows genuine remorse
- Summary or either-way anticipated guilty plea, suitable for sentencing in the Magistrates court. This would be a Police decision only – not CPS.
- Indictable offences are not suitable for a Community Resolution.
What is a Conditional Caution?
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:
- offers a proportionate response to low/medium level offending
- it forms part of a criminal record (spent conviction) which could impact future charging decisions and certain DBS checks
- offenders have to comply with conditions such as:
- to receive rehabilitative support to reduce likelihood of re-offending (see section Rehabilitative Interventions for further information)
- to financially compensate the victim - individual, business or a community - where appropriate
- to physically refrain from entering certain locations (exclusion zones).
- failure to comply will result in further police action being taken meaning the offender will usually be charged to court.
Eligibility for a conditional caution:
- For an adult conditional caution, the suspect must be 18 years of age or over at the time of committing the offence (if young person at time of offence, a youth offending team referral is made)
- Realistic prospect of conviction but is in the public interest to issue an out of court disposal as charging alternative
- Full and frank admission of the offence
- Offender shows genuine remorse
- If summary or either-way anticipated guilty plea, this is a Police decision only
- All indictable offences or any case that would be heard in Crown Court will be reviewed by a Superintendent and referred to CPS for authorisation.
Rehabilitative Interventions
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:
- Simple possession of any controlled substance as classified under the Misuse of Drugs Act 1971.
- This course replaces Cannabis and Khat Warnings and applies to all Class A, B and C drugs.
- The substance found in your possession will have been tested and verified prior to you being accepted onto this course
Aims of the course:
- To increase knowledge and awareness and clear up myths and misconceptions about drugs
- Provide you with information about legalities and consequences of drug use
- Share knowledge so you can keep yourself safe and make the best-informed decisions for you
- Provide you with information on the support you can access.
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:
- Drunk and Disorderly (Section 91 Criminal Justice Act 1967)
- Drunk in the Highway (Section 12 of the Licensing Act 1872)
- Section 4 & 5 Public Order Act with Alcohol Involvement (Section 5 Public Order Act 1986)
- Drunk and Incapable
- Any other low-level offence where alcohol is a factor e.g. theft from shop; criminal damage.
Aims of the course:
- Understand the causes and negative consequences for yourself and others of excessive alcohol / drug consumption
- Understand your own personal susceptibility to these consequences
- Understand how alcohol – and alcohol combined with drugs - affects the brain, health and behaviour
- Improve knowledge of the amount of alcohol contained in different drinks
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:
- Theft - Section 1, 12, 13, 22, 25 Theft Act 1968 and Sections 1, 2, 3 of the Theft Act 1978
- Criminal damage where the value is below £5,000
- Sections 4 and 5 of the Public Order Act 1986 as amended
- Common assault contrary to 39 Criminal Justice Act 1988 (ABH where the charging standard is likely to lead to S39 being charged)
- Low Level Hate Crime, where the facts surrounding the incident amount to a single offence and were it not for the aggravated nature of the offence, the offender would have met the VAC referral criteria (Community Resolution only)
The above list is not exhaustive and is by example only.
Aims of the course:
- A greater understanding of consequences of crime and the impact offending behaviour can have on victims and the wider community
- Improved understanding of choices and own personal responsibilities
- Reduced risk of committing further offences.
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:
- One to one counselling that can be done either over the phone, via Zoom or face to face dependent on location
- Free counselling for members of the family/loved ones who may be affected as a result of someone else’s gambling
- Monthly group support (Relapse Prevention)
- Free blocking software for mobile phones/laptops/PC’s
Scrutiny of Out of Court Disposals
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.