Out of Court Disposals | What Are They and Should You Accept One?
When the police and Crown Prosecution Service (CPS) seek to conclude a criminal investigation without proceeding to a formal court prosecution, they may opt for an ‘out of court disposal.’ This involves choosing from a range of options, such as a simple caution, a conditional caution, community resolution, a fixed penalty notice, or a penalty notice for disorder.
Out of court disposals enable the resolution of lower-level offences and, often, first-time offending where a formal prosecution, and the associated costs, are not in the public interest.
Whilst such an outcome may initially appear attractive to a person under investigation or offender, an out of court disposal is not an ‘easy opt out’ without potential consequences. Any settlement offer should not be accepted without prior careful consideration and discussion with an experienced lawyer.
Mohammed Ahmed of KANGS outlines the principal types of out of court disposals available to the police and CPS, together with the potential implications of accepting them.
Simple Cautions
A simple caution is normally issued by the police at a police station to someone who has admitted guilt to an offence and has agreed to accept the caution. Whilst it is not the same as a conviction, it is still indicative that a criminal offence has been committed as it should only be offered where the police are satisfied that a formal prosecution would result in a conviction.
Agreeing to a caution has potential serious lifestyle implications as it will, amongst other restrictions:
- be recorded on a person’s criminal record,
- be disclosed on an enhanced DBS Certificate for at least six years,
- likely to be disclosed to employers and regulatory bodies,
- possibly affect travel and immigration arrangements.
When a court is sentencing an offender who has received a simple caution on a previous occasion:
- that caution is not a previous conviction and, therefore, not an aggravating factor but the caution will form part of the offender’s criminal record and, if the caution is recent and relevant to the current offence, it may be regarded as an aggravating factor.
An individual who maintains innocence to the alleged offence may decline the offer of a simple caution and choose to defend the allegations at court if a prosecution is commenced.
Conditional Cautions
A conditional caution may be offered where the offence is more serious and, as with a simple caution, the offender must admit guilt, the police cannot forcefully impose it.
Conditional cautions, created by section 22 of the Criminal Justice Act 2003 are not only offered in respect of more serious offences, but also where other matters, such as repeat conduct, render a simple caution inappropriate.
A conditional caution will have specific conditions attached which may be rehabilitative, reparative or punitive and may include a financial penalty. Failure to comply with the conditions imposed, may result in prosecution for the original offence.
Conditional cautions are only offered to offenders aged over eighteen. Young offenders are dealt with through separate youth out-of-court disposal arrangements.
When a court is sentencing an offender who has received a conditional caution in respect of an earlier offence:
- a conditional caution is not a previous conviction and, therefore, not an aggravating factor, however,
- if the conditional caution is recent and relevant to the current offence, it may be considered an aggravating factor, and
- the offender’s response to the caution may influence the court’s assessment of the suitability of a particular sentence.
Community Resolution
A Community Resolution is another informal out of court disposal for low level offences which does not result in a criminal conviction.
However:
- the offender must admit responsibility,
- unlike a formal caution, it is not a statutory disposal and is based on police guidance,
- the disposal is recorded on the police system and will be disclosed on an enhanced DBS check. A chief constable has discretion to disclose such a resolution on an enhanced DBS check if considered appropriate in the particular circumstances.
- the victim’s view will be taken upon such a disposal and should agree that it is appropriate.
There is no obligation on the offender to accept a Community Resolution. If declined, the police will need to decide whether to proceed in an alternative manner.
Fixed Penalty Notices
A Fixed Penalty Notice (FPN) is normally issued by the police, a body approved by the police or a local authority.
It provides an offender an opportunity to resolve an alleged offence by paying the requested penalty within the stipulated period, and in the case of motoring offences, accepting the imposition of penalty points, thereby avoiding court action.
Motoring offences frequently attracting a FPN are:
- offences involving defective brakes, steering or tyres,
- careless driving,
- failing to comply with police officer signal,
- failing to supply details of driver’s identity.
Disorder offences include:
- criminal damage where the value does not exceed £300,
- disorderly behaviour,
- sale of alcohol to prohibited persons,
- theft under the Theft Act, normally where the goods do not exceed £100.
Environmental and anti-social offences involving:
- littering,
- graffiti,
- nuisance parking,
- fly-tipping.
Whilst paying the fine imposed by a FPN is an admission of responsibility for the offence, it does involve a criminal conviction for most minor matters. However, there may be consequences such as motor vehicle insurance premiums being increased following certain motoring offences.
FPNs may be challenged following prescribed procedures set out within the FPN.
How Can We Assist You?
Whilst most out of court disposals undoubtedly provide a quick and convenient way of concluding a very minor offence, such as an indisputable parking offence attracting a small fine. There are those which should not be accepted without careful consideration, in particular, where liability is not accepted and the consequences of accepting a disposal may have far reaching adverse implications.
However friendly it may appear, you should not engage in any form of ‘discussion’ or interview with the police until you have obtained experienced legal advice.
A common misconception is that legal advice or representation is only necessary for those who are ‘guilty’. In reality, obtaining early legal advice can help protect your position and ensure that you have the information needed to make an informed decision.
The team at KANGS is highly experienced in advising and guiding individuals who have been offered an out of court disposal, whatever its nature and whether offered at a police station or otherwise.
If you need assistance or legal advice, contact us using the details below. Our solicitors will be pleased to assist.
Tel: 0333 370 4333
Email: info@kangssolicitors.co.uk
We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through video conferencing or telephone.
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