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Out of court resolutions are a way of dealing with a crime, without going to court. They can include setting conditions, making up for damages or harm caused, paying back costs caused by the crime and rehabilitation work to stop someone offending again in the future. They are used to deal with certain types of crimes and are offered to those who are eligible, depending on any past offences and circumstances.
Evidence shows that out of court resolutions are more effective in preventing someone from reoffending than prison sentences or going to court.
The Deferred Caution and Deferred Charge are two types of evidenced based Out of Court Resolutions (OoCR) that aim to reduce harm and reoffending, holding those who have committed a crime, to account, whilst offering swift outcomes for victims.
Similar schemes run in other Police Forces and have evidenced a significant reduction in reoffending rates and increased victim satisfaction. Deferred Caution and Deferred Charge hold people to account for their behaviour whilst addressing needs that are directly linked to their offending.
The Manager, Keyworkers and Support Officers work across Devon and Cornwall and in partnership with a wide range of specialist agencies and organisations to tackle the root causes of offending. Deferred Caution and Deferred Charge provide an alternative route away from prosecution which is robust, timely and holds high expectations for those who commit crimes. The person must comply with a 4-month contract and all the conditions set. See below for information on what happens when someone does or does not comply with their contract.
There are a number of eligibility criteria which have to be met for someone to be offered an out of court resolution:
Deferred Caution: This is an Out of Court Resolution. Compliance is monitored through a contract that is set as part of the deferred caution.
There are mandatory conditions and some rehabilitate conditions can also be set:
Deferred Charge: This is an intervention as an alternative to Court.
The contract period is for four months for both Deferred Caution and Deferred Charge; however, the intensity of the intervention and support is different. The standard intervention under deferred caution will be at the beginning, middle and end of the contract. This will largely be by telephone and not face to face.
Under Deferred Charge, the contract will be agreed only after a need’s assessment has been completed and many individuals will find they require more support to make positive changes that will stop them getting into trouble or causing harm to others.
The Deferred Caution and Deferred Charge keyworkers will try hard to ensure the needs of victims are met. We will offer regular updates as to the progress and compliance with the contract to victims. We will ensure that they are informed of and offered a referral into Restorative Justice Services. We will ensure that victims are directed to the Victim Care Unit where they can access support. If victims want to ask questions in relation to the investigation they will be directed to contact the Officer that has investigated the crime.
“The amount of compensation that the offender has offered to me is beyond what I expected…I recognise and accept this as a genuine apologetic gesture and this shows me that the offender feels regret for his actions. The results from that evening were, from my point of view, purely due to alcohol and indiscipline…the offender’s gesture shows me that he feels genuine remorse. I don’t’ want to ruin anyone’s life and I hope that all parties involved can learn and improve themselves from this event.”
Victim following receipt of compensation and informed of offender compliance
The National Police Chief’s Council support Out of Court Resolutions as an effective way to deliver justice for victims swiftly and fairly, and tackle reoffending.
From June 2024, they have also replaced the terms ‘disposals’ with ‘Out of Court Resolutions’, which reflects the language already in place in Devon and Cornwall Police. This will mean that forces nationally will also be adopting this language.