A Community Resolution (a ‘Community Resolution’) is an informal non-statutory procedure available to the police when dealing with less serious crime and anti-social behaviour where the offender accepts responsibility.
Their use has become more prevalent with clients reporting to us that the police have offered a Community Resolution in circumstances where the consequences are not fully appreciated.
Sukhdip Randhawa, Head of the Investigations Team at Kangs Solicitors comments upon the consequences of accepting a Community Resolution.
Considerations Involved | Kangs Community Resolution Advice Solicitors
A Community Resolution may be offered after:
- the views of any victim(s) have been sought and taken into account,
- the police have considered whether or not it is in the interests of justice for the matter to proceed to Court taking into account the resource benefits for the police, any benefit of a prompt resolution to any victim, the saving of court time and the financial cost saving to society as a whole.
Potential Effect of a Community Resolution | Kangs Criminal Procedure Advisory Team
- Anyone offered a Community Resolution should not be misdirected into believing that simply because no caution has been administered or a charge made which may lead to a criminal conviction that the police are ‘letting them off lightly’ or offering them a ‘second chance’ and that there are no ongoing implications.
- Whilst an offender may be told that a Community Resolution will not constitute a criminal record and will not be recorded on the Police National Computer, it may well be the case that there is no advise to the effect that a Community Resolution will be recorded as part of the Police National Database and intelligence gathering information.
- In the event of further offending, the issue of a Community Resolution can be used by the police, and potentially by the Court, as an aggravating feature.
Disclosure and Barring Services (DBS) Implications | Kangs DBS Experts
- A Community Resolution will not be disclosed as part of a standard DBS check.
- However, there is every possibility it would be enclosed as part of an enhanced check for certain offences in relation to relevant employment e.g. a Community Resolution for a low level sexual offence is almost certain to be disclosed in any enhanced DBS check in respect of proposed work with children.
How Can We Help? | Kangs National Criminal Defence Solicitors
Should you be contacted by the police and invited to attend a police station for an interview of any nature, including the potential disposal of any offence by way of a Community Resolution, it is essential that you contact us immediately for advice, guidance and possible support at the police station.
If you are already subject to a Community Resolution and you believe that you were advised incorrectly to accept it or if you wish to seek advice concerning any future DBS checks then please do not hesitate to contact our team through any of the following: