Information for victims

Deferred Caution and Deferred Charge are voluntary adult offender resolutions run by Devon & Cornwall Police.

Nationally and internationally, there is a strong evidence base that such resolutions are more successful than an appearance in Court or the issuing of a caution in reducing reoffending or harm.

It is not a soft option and requires the offender to comply with their contract or they will be breached.

The Out of Court Resolution (OoCR) team delivers both:

• Deferred Caution
• Deferred Charge

Offenders that are over 18, live in Devon and Cornwall and do not have a significant offending history may be offered an OoCR if the offence is eligible. Crimes that fall under a police charging decision are applicable. It offers an alternative to Court or Caution pending the offender’s engagement with a keyworker during this time and compliance with a range of conditions outlined in a contract. If a participant complies with the scheme, the result will be an exit from the Criminal Justice System. This means the participant will not receive a criminal conviction.

An offender will not be offered Deferred Caution or Deferred Charge more than once; although there are circumstances where they might be eligible for Deferred Charge after previous involvement under Deferred Caution.

Over the four months the offender agrees to:

The range of contract conditions will differ depending on whether the offender is under Deferred Caution or Deferred Charge. However, the list below gives an indication of the areas that are mandatory and others that might be applicable:

1. No re-offending within the four month period (mandatory).
2. Participate in a conversation with Restorative Justice Services if appropriate for example requested by the victim (mandatory).
3. Restrictive conditions if relevant, for example a location ban for the period of the contract.
4. Reparative condition for example paying compensation in line with the Sentencing Guidelines.
5. Rehabilitative conditions for example a requirement to attend appointments to address issues linked to their offending.
6. Carry out community/voluntary work or improvement activities that will build desistence or are of benefit to their community.

The benefits

The resolutions challenges and holds offenders to account much more than a caution can (a likely alternative outcome for offenders).

The range of conditions and monitoring of offenders under the Deferred Charge is much more robust and far reaching than the outcomes from Court for such offences.

• Delivering justice and for example compensation payments can be set up swiftly as opposed to waiting for Court.
• As part of the scheme offenders must agree to explore Restorative Justice, helping them to fully appreciate the harm they have caused to the victim or community.
• The Schemes seek to motivate and support participants to change their behaviour.
• If the offender is not compliant with the scheme, the criminal justice process is progressed.
• Aims to reduce re-offending and further victimisation.
  
  

The offender

It is not a soft option. It does not seek to make excuses for offenders, but to work with individuals to try and deter future offending over the course of a four month contract.

Restorative Justice

Restorative Justice gives you an opportunity to come together with the person responsible for causing harm. In addition, it gives you the chance to explain the impact of the incident on you, in order to help you move on. This process also seeks to explore ways in which the person responsible for the harm can make amends. It is voluntary and you do not have to take part. You can withdraw from the process at any time and can access this service when and if you feel ready to. Restorative Justice can be facilitated in a number of ways, and
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you do not have to meet with the person responsible, unless you choose to.

Kept informed

In addition to offering Restorative Justice, you can also opt to receive updates throughout the four month period. This won’t include any confidential information about the offender, but we can let you know if the offender is still engaged with the scheme and whether they have completed it. A Keyworker will contact you at the beginning of the process, to ask if you would like updates and agree how often these will be.

Compensation

If an officer has submitted evidence of the loss, we will seek to ensure compensation payments are set up via HMCTS. We will use the same forms to determine payment, both ability and amount of compensation as the Courts use.

Additional Support

If you would like some support to help you cope and recover from the impact of this offence, please ask about a referral to the Victim Care Unit, who can signpost you to a wealth of support.

If you would like any further information, please do not hesitate to email the OoCR team