Standard 2
Use Out of Court Disposals
Sometimes people admit they are guilty of a crime. When it is right, we will avoid sending these people to court. We will use "Out of Court Disposal". Out of Court Disposals punish criminals and help them understand that what they did was wrong.
2.1. When we make a decision to take action about a person's criminal behaviour we have to think about the right thing to do.
We think about all the things we can do to punish the crime, repair the damage and stop the person doing the crime again.
Sometimes the best thing to do is not to go to court.
There are other things we can do. These are called Out Of Court Disposals. Out Of Court Disposals are punishments like cautions.
We think about the crime that has been done, what is right for the victim, the community and the person accused of the crime.
2.2 Sometimes the police arrange Out of Court Disposals.
The police have to ask a Prosecutor if they want to use a simple caution for a bad crime.
Bad crimes are crimes that have to be tried in the Crown Court. They are crimes like violence and robbery.
2.3. The police have to ask a prosecutor before they can give someone a conditional caution. Conditional cautions contain rules that the person has to keep to. If they break the rules they have to go to court.
2.4. To give someone a caution two things must happen:
There must be enough evidence to charge them with the crime.- The person accused of the crime must say they did it.
2.5. When we decide to give someone a caution we have to think about several things.
Public interest factors. These are things about the crime that make it more serious or less serious. Things like if the crime was done by a gang of people, or if the crime involved hate. Public interest factors are listed in the Code for Crown Prosecutors.
You can read the Code for Crown Prosecutors on our website.- What the victim thinks.
Guidelines like the Director's Guidance on Conditional Cautioning or Home Office Circulars.
2.6. When we decide to give someone a conditional caution we also think about these things.
Can the person who did the crime put it right? For example they may be able to pay for what they broke.
Did the person do the crime because they were addicted to alcohol or drugs? In this case they can be sent for treatment to help them get better.
We talk to other people like the police, health service and probation service about this.
Should the person who did the crime pay a fine?
Should the person who did the crime do unpaid work to show they are sorry?
2.7. We cannot usually give a person a conditional caution if they hurt someone.
We can only give a conditional caution if the hurt was very small and the case would be heard in a Magistrates' court.
2.8. If a person says they don't want a conditional caution they will usually go to court.
If a person breaks the rules of their conditional caution they will go to court unless they have a very good reason.
2.9. If a person is given a caution it is written on their record.
If they are found guilty of another crime in a court we can tell the court about the caution before their punishment is decided.
Next page: Standard 3. Consult about our decisions.
Glossary
- Accused
The accused is the person we think did the crime.- Caution
- A caution is a warning given by the police to a person who has admitted a crime.
They are told that their behaviour was wrong.
They are warned that if they do another crime they are very likely to go to court. - Charge
A charge is made when the Crown Prosecution Service say that they think a person has done a crime and should go to court.
The court will decide if there is enough evidence to show that the person did do the crime.- Conditional Caution
- A conditional caution is a warning given to a person who admits to a crime.
Conditional Cautions have rules. If you break the rules you have to go to court. - Court
A court is a place where decisions are made about the law.
A court listens to evidence and decides if a person has done the crime they are accused of.- Crime
- A Crime is something someone has done that breaks the law.
- Criminal
A criminal is someone who has done a crime.- Criminal behaviour
Criminal behaviour is what a person does that breaks a law.
Things like stealing money, or hurting someone.- Crown Court
- The Crown Court listens to cases against people who are accused of very bad crimes like killing people or rape.
- Evidence
- Evidence is information that makes it clear that something happened.
Evidence can be things like someone saying they saw a crime happen, or blood on a weapon, or who did it. - Guilty
- When you are found guilty of a crime it means that the court believes you did the crime and will punish you for it.
Sometimes people tell the court that they did the crime. - Magistrates Court
- Magistrates are trained volunteers who deal with about 95% of the criminal cases in England and Wales.
Magistrates make decisions in magistrates' courts. They usually work in twos or threes (called a bench). They have a legal adviser to help them with the law. - Out of Court Disposals
- Out of Court Disposals punish criminals and help them understand that what they did was wrong.
They can be things like cautions or treatment orders. - Probation Service
The Probation service is a law enforcement agency and public authority. They supervise people who have been found guilty of a crime.
They work with them to stop them doing more crimes and to protect the public.- Prosecution
When we prosecute crime we charge a person with a crime, then we show the court the evidence and the court decides if they did it.- Public Interest
- Public Interest are things that matter to everyone.
When Prosecutors think about the Public Interest they think about the things for and against a prosecution. Some things make Prosecution more likely, things like: Bad crime, Using a weapon, Victim was hurt. - Victim
- The victim is the person the crime was done to.
