Deferred Charge

A Deferred Charge is an outcome for a crime which is used by Devon & Cornwall Police. If a crime is eligible, a trained decision maker will review all available evidence and make a decision as to whether a Deferred Charge should be offered or not. If someone is offered a Deferred Charge, they do not have to agree, and the alternative is to appear in court. If they accept the offer of a Deferred Charge, they will work with the Out of Court Resolutions Team to address issues which might be linked to offending, and repair the damage and harm caused to the victim.

It lasts for up to 16 weeks and involves conditions which you must complete or comply with. Examples of these could be paying for any damage caused as reparation to the victim, engaging with interventions to address underlying issues linked to your offending and having an initial discussion with Restorative Justice services if appropriate. You must not commit any further crimes during the contract period.

Benefits to you if you are offered a Deferred Charge:

• no court attendance

• no criminal record at the end if you successfully complete all of your conditions.

• support to address issues that might be linked to your offending

If you opt for a Deferred Charge, a Key Worker from the Out of Court Resolutions Team will contact you and arrange to meet face to face to complete a full needs assessment. This first appointment will be held at a police station.

Females can opt to have a female Key Worker.

Following the needs assessment, a contract will be drawn up and agreed that is bespoke to you, what could support you to not re-offend and what needs to repaired or repaid to the victim.

Subsequent appointments and interventions will be regular and might be out on the community for example meeting in community centres or with other specialist agencies, such as housing or drug and alcohol services.

If you choose and complete a deferred charge, then you will not go to court, not receive a criminal record and no further action will be taken in relation to the offence. Only information that you have completed a diversionary activity will be recorded on police systems.

If the conditions of the contract are not met, you will be postal requisitioned to appear in Court for your original offence.

It is a contract

This is not a course. It is a contract where conditions will be set and you agree to them by signing a contract. The contract lasts for up to 16 weeks. If you do not engage fully, commit any further offences or do not meet the conditions of the contract, you will be postal requisitioned to Court.

The contract will include:

Contracts are agreed between you and the Keyworker and last for four months. You will be required to engage with a Keyworker on a regular basis throughout the four month period. Contracts can vary according to what is required. However, in most cases there will be mandatory conditions:

• A restrictive condition designed to limit any contact for the duration of the contract between you and the victim, dwelling or location (where applicable).
• A rehabilitative condition designed to help you address any issues that are linked to your offending, for example accessing support with drug and alcohol issues.
• A condition where you will agree to take part in an initial conversation about Restorative Justice if required.
• Any additional conditions will be reparative to make good any harm caused to a victim or the community. For example, you could engage in a voluntary activities that will you to make positive changes for yourself and improve your community

If you choose Deferred Charge

If you have been given this information to read by Devon & Cornwall Police. You should read through it carefully.

If you choose Deferred Charge you will be dealt with by the Out of Court Resolution (OoCR) team which is another department within the police.

The Out of Court Resolution team will attempt to make contact with you within the next 72 hours. This will be by the telephone. Please note that the call may come from a withheld number.

It is vital that we have your up-to-date contact details. If we cannot contact you, you will be automatically postal requisitioned to Court.

If you need assistance, please make this known either now or when the police call you.

When you speak to the Out of Court Resolution team they will explain:

• What is involved in your contract in more detail and answer any questions you may have.
• What you need to do in order to meet the requirements of the contract.
• What happens if you break the contract, and how this is evidenced. If you break the contract, you will be postal requisitioned to Court.

You can choose to opt out of the Deferred Charge at any stage and be postal requisitioned to Court for the offence.

If you complete your Deferred Charge, you will not get a criminal conviction for this offence.

Feedback from successful completers.

“Before, I was having very dark thoughts about hurting myself and other people.
Thank you for giving me the chance to change my life. I’ve changed my ways, now everything’s going to be all right.”

“This has made me realise how much drugs were effecting my life. I was risking everything I had worked hard for.”

“It’s been good to get some support, I had nothing before”

If you have any questions please email the OoCR team