There is a need for a new approach, with greater consistency and transparency in the use of out-of-court disposals, such as given to shop thieves among others. So reports the HM Inspectorate of Constabulary and HM Crown Prosecution Service Inspectorate in their report, Exercising Discretion: The Gateway to Justice.
The number of crimes that are dealt with outside the formal criminal justice system has risen dramatically in a five year period by 135 percent. The most commonly used out-of-court disposals โ warnings, cautions and penalty notices for disorder โ now account for around one third of the 1.29 million offences brought to justice. When restorative justice outcomes โ which are not currently included in national data โ are added to this figure it is clear the inspectors say that out-of-court disposals have become an increasingly important tool in the fight against crime for both police officers and prosecutors.
When out of court disposals are used effectively, particularly restorative justice where offenders are encouraged to repair the harm they have done, inspectors found high levels of victim satisfaction, promising signs of a reduction in re-offending, and minimal bureaucracy when the offender was dealt with quickly.
However, the inspection found significant variations in the use of out-of-court disposals around the country ranging from 26 per cent of offences brought to justice in one criminal justice area to 49pc in another. Choosing an out-of-court disposal or prosecution in court will have very different consequences for individuals depending on the requirements to keep a record of the result for disclosure to a court or a prospective employer. Local variations in practice are inevitable and expected but the inconsistencies we have identified mean that some offenders will recieve differential treatment depending on where they were found or where they live.
In a small sample of 190 out-of-court disposals, the inspection found that about a third were administered inappropriately. In most of these cases, an out-of-court disposal was inappropriate as the offending was too frequent or serious.
Out-of-court disposals are a legitimate way of dealing with some criminality. But more work needs to be done to improve consistency and prevent inappropriate use, the inspectors say.
A national strategy that brings greater transparency and consistency in the use of out-of-court disposals is now urgently required it’s claimed, based on a proportionate response to the level of offending and the nature of the offender, what works to improve victim satisfaction, reduce re-offending and gives value for money for communities who ultimately foot the bill.
HM Inspector of Constabulary, Dru Sharpling, said: โOut-of-court disposals account for a substantial part of criminal justice business. Their importance should now be reflected in a national strategy to bring greater consistency in their use and promote good practice so that standards of fairness are replicated across England and Wales.โ
HM Chief Inspector of the CPS, Michael Fuller QPM, said: โThe manner in which out-of-court disposals are currently used has evolved in a piecemeal way. Our study found that there needs to be greater consistency in the use of out of court options so that justice is delivered, and seen to be delivered, in a consistent and transparent way.โ A copy of the full report can be found on the HMIC website at –
