Out-of-Court Resolutions
What is an out-of-court resolution?
Out-of-court resolutions are important tools 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 services to help reduce escalation of offending.
All out-of-court resolutions should allow the victim’s voice to be heard and to be part of the decision-making process where appropriate.
We now use just two main resolutions:
- community resolution
- conditional caution
Out-of-court resolution – victims of crime
Out-of-court resolutions 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 victim’s views will be considered when setting conditions for offenders as part of an out-of-court resolution. These may include making an apology, repairing harm caused by the offence or engaging with 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 support to reduce likelihood of re-offending (see education and intervention courses 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 a 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 resolution 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 resolution and forms part of an offender’s criminal record. It is generally used if an offender continues to reoffend within a two-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 resolution 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
Education and intervention courses
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 women's services 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 and 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 and 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.
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 TTC 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)
- 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 from person
- 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)
The above list is not exhaustive and is by example only.
Aims of the course:
- Reduce reoffending through victim empathy, putting the victim at the heart of the system, and improving the offender’s thinking skills.
- Understanding the impact of crime on a victim or potential victims. Rehabilitation in this context is about effecting positive change in offenders.
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:
- Verbal – this is the use of threats, offensive language and demeaning language to cause or fear harm
- Physical – This can include low level, punching, spitting, slapping, shoving, kicking
The above list is not exhaustive and is by example only.
Aims of the course:
- Understand why the offence took place by identifying the triggers
- Increased awareness of the effect the assault can have on victims, and communities
- Understanding the consequences to you, the offender in this case or through reoffending
- Develop an empathy to those who experienced harm
- Create an action plan to reduce the chance of it occurring again
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:
- Low-level hate crime, where the facts surrounding the incident amount to a single offence.
The above list is not exhaustive and is by example only.
Aims of the course:
- Understand why the offence took place by identifying the triggers
- Increased awareness of the effect the assault can have on victims, and communities
- Understanding the consequences to you, the offender in this case or through reoffending
- Understand the emotions that can trigger your behaviour
- Create a plan to move forward, reduce offending and where to gain support
This course is provided by TTC and is funded by South Wales Police and Gwent Police.
Suitable for the following offences as part of a community resolution or as a condition of a conditional caution:
- Theft from a shop/store
The above list is not exhaustive and is by example only.
Aims of the course:
- Consequences of crime
- The impact of crime on victims and the wider community
- Personal responsibility
- Making choices – personal motivation to change
- 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.
Suitable for the following offences as part of a community resolution or as a condition of a conditional caution:
- Non-aggravated and low bite level aggravated offences under the Dangerous Dogs Act 1991, section 3
- Anti-social Behaviour, Crime and Policing Act 2014, sections 106 and 107 amends the Dangerous Dogs Act 1991
- Environmental Protection Act (1990), Litter (Animal Droppings) Order 1991; Anti-social Behaviour, Crime and Policing Act 2014, The Countryside Code.
- Road Traffic Act 1988, section 27; Anti-social Behaviour, Crime and Policing Act 2014
- Dogs (Protection of Livestock) Act 1953, Animals Act 1971,section 3, Countryside and Rights of Way Act 2000
- Microchipping of Dogs legislation and Control of Dogs Order 1992
The above list is not exhaustive and is by example only.
Aims of the course:
- To increase your knowledge and awareness
- To enhance attitudes towards dog legislation, safety and improve awareness of animal welfare and behaviour
- Expert support for you and your dog with practical advice – all delivered in a non-judgemental and reflective approach
This course is provided by Blue Cross on behalf of South Wales and Gwent Police and costs the offender £60 to attend.
Defence of reasonable punishment cannot be considered by the police or the Crown Prosecution Service in Wales in any investigation relating to common law offences of assault and battery committed against a child. The Parenting Support Course is a free rehabilitative service delivered by the Local Authorities in Wales, offered as an alternative to prosecution.
Aims of the course:
- Build confidence in your parenting
- Develop positive parenting skills to manage your child's behaviour
- Support your child with their well-being and development
- Boost your relationship with your child and build stronger and clearer communication for a calmer, happier home
- Understand the reasons why children act the way they do and why you find certain behaviours difficult to manage
- Explore ways of staying calm
- Understand why the law has changed – why it is not good to physically punish children and, the potential effect this may have on their well-being and behaviour
- Avoid future police intervention relating to physical punishment of children, by learning about positive ways to guide and discipline your child
Suitable for the following offences as a condition of a conditional caution:
- Minor assaults categorised by law as common assault and battery
- Criminal damage
- Domestic theft-related offences
- Threatening behaviour
Aims of the course:
- CARA sits within the criminal justice system as an early ‘awareness-raising’ diversionary intervention targeting alleged first-time domestic abuse offenders who have received a conditional caution and is an opportunity to gain further insight into their offending behaviour through engagement in two one-day workshops.
- CARA is designed to enable offenders to understand what domestic abuse is, how it impacts on victims and families and to explore their personal risk factors.
This service is funded by South Wales and Gwent Police and Crime Commissioners and Welsh Government.
Scrutiny of out-of-court resolutions
To ensure there is transparency, consistency and accountability in the use of out-of-court resolutions, 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 resolutions 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 out-of-court resolutions, as well as providing assurance that difficult decisions to administer such resolutions 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.
The Police and Crime Commissioner team coordinates the activities of both the adult and youth scrutiny panels.
Panel members include representatives from the Police and Crime Commissioner team and criminal justice organisations such as the courts, police force, Probation Service, Youth Offending and Crown Prosecution Service.