Out of Court Resolutions - Reducing Reoffending
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.
Deferred Caution and Deferred Charge
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.
Eligibility criteria for Deferred Caution and Deferred Charge
There are a number of eligibility criteria which have to be met for someone to be offered an out of court resolution:
- The offence is eligible for an Out of Court Resolution
- The participant consents to take part
- The participant accepts responsibility for the offence
- The participant is over 18 and lives in Devon or Cornwall
- The offence was committed in Devon or Cornwall
Types of resolutions: deferred caution and deferred charge
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:
- Repairing harm through reparation. An example of this could be paying for any damage caused as reparation to the victim.
- Engaging with interventions to address underlying issues linked to offending.
- If the victim requests, the person completing the deferred caution must have an initial conversation with Restorative Justice services to explore if they want to engage in Restorative Justice.
Deferred Charge: This is an intervention as an alternative to Court.
- A Keyworker will make contact and ensure a full needs assessment is completed. The first appointment will be held at a Police Station.
- Females will be offered the option of a female worker.
- A contract will be agreed that will be bespoke to the individual and will include conditions designed to support changes in behaviour and reduce their risk of reoffending.
- Subsequent meetings and interventions might be out on the community for example meeting in community centres.
The contract period Deferred Caution and Deferred Charge
The contract period is up to 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.
Information for victims
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
Please watch the below
Conditional Cautions for Standard Risk Domestic Abuse Offences only
Devon and Cornwall Police have now introduced Conditional Cautions as another Out of Court Resolution, as well as the existing Deferred Charge and Deferred Caution. This is following dispensation provided to Police Force by the Director of Public Prosecutions, which allows Conditional Cautions to be used for Domestic Abuse crimes, in some cases. In Devon and Cornwall, this is now being used for offenders who have committed a Domestic Abuse related crime, and the risk assessment for this is Standard (the lowest risk rating).
This will not be an appropriate outcome for all of these cases, and the decision as to whether this is appropriate is made by specialist officers within Devon and Cornwall Police.
A Conditional Caution involves
Conditional Cautions have specific conditions attached, which the person who has committed the crime must complete. Every Conditional Caution will have the following conditions attached:
- Not to reoffend during the 16 weeks of this contract
- To attend a 2-day intervention workshop provided by the Hampton Trust (see below for more details)
- To engage with the Devon and Cornwall Police Out of Court Resolution team
There may also be other conditions added, such as restrictions around contacting victims, if this is appropriate to the situation.
If they do not adhere to these conditions then they will be in breach of their Conditional Caution and may be charged to court.
Once all the conditions have been completed, after 16 weeks, the person leaves with a police record of a Conditional Caution. This is recorded on the Police National Computer and can be disclosed as part of a DBS check.
Eligibility for Conditional Cautions
This is for domestic abuse cases where the assessment of risk is standard. No other offences are eligible for this outcome in Devon and Cornwall, at present.
The offender must also be over 18. There are separate processes and outcome for children and young people.
This is for first time Domestic Abuse offenders only. Anyone with previous history of domestic abuse, is not eligible.
The person must give an admission of guilt to be eligible for this outcome.
Victim’s views must also be taken into consideration when the outcome is being decided, although the final decision will rest with the CPS and Police Decision Maker.
Two-day workshop mandatory intervention
This is one of the mandatory conditions of every Conditional Caution, and is provided by our commissioned partner, The Hampton Trust. The workshops are called Cautioning And Relationship Abuse (CARA workshops) and are for 2 days and in a group setting.
For more information on these workshops see The Hampton Trust CARA website.
CARA is proven to work. A Hampshire & Isle of Wight Constabulary internal evaluation in 2021 saw a 81% reduction in future domestic abuse offending, and an evaluation in the same year by the University of Birmingham evidenced a 56% reduction of reoffending within the first 12 months.
Additionally, more than 60% of victims who are still in contact with the offender report a change in the offender’s behaviour after the first workshop. (Source: Hampton Trust)
Please see the below video about CARA in Devon and Cornwall
Information for victims
Victims should be consulted about the use of a Conditional Caution by the officer investigating the case. Their views about what they want to happen next should be taken into account. However, the final decision as to whether a Conditional Caution is given is taken by the CPS and Specialist Police Decision Maker.
When a Conditional Caution has been issued by police, the Victims continues to have the right to information and support. The Out of Court Resolution Team will contact victims to make sure they have updates on the when the Conditional Caution is completed and any restrictive conditions they need to be aware of and how to report breaches of these.
They will also support victims to access the Victim Care Unit, should they need more support.
Any victim can also reach out to the officer in their case, through contacting 101 or the officer directly for updates.
National Police Chief’s Council and Out of Court Resolutions
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.