29/04/2011 In the Dock: Prosecution not always the best way to tackle crime

Sometimes diverting offenders away from court can be a more effective way of tackling certain types of offending, such as minor assaults, public order and criminal damage than prosecuting them. Used appropriately, Out of Court disposals as they are known, can gain reparation for victims, help to rehabilitate offenders and ensure that CPS resources are freed up for more serious and complicated cases.

The CPS will always consider alternatives to prosecution for low level, low risk crime, often involving first time offenders. Under the Code for Crown Prosecutors, the CPS must apply two tests to every case: Is there sufficient evidence for there to be a realistic prospect of conviction? ; Is it in the public interest to prosecute? Sometimes, if it is a first offence, especially for a minor matter, it may well not be in the public interest to charge and a caution, or reprimand in youth cases, may be more appropriate.

Diversion from prosecution can occur in a number of ways:

Community Oriented Policing

Under Gloucestershires Community Oriented Policing (COP) initiative, officers can use their professional judgement to decide whether to arrest an offender or impose an on-the-spot punishment which takes into account the needs of the victim. Sanctions imposed must be fair and proportionate to the offence and can include verbal warnings, personal or written apologies, and repairing or paying for loss or damage. Serious crimes such as serious assaults, sexual offences, robbery, burglary, domestic violence, hate crime and drug offences are excluded from this approach. This initiative is part of a county-wide Restorative Justice programme which gives the harmed a say in how they would like the person who has harmed them to be brought to justice.

Dealing with drug related offending

Drug intervention programmes (DIPs) can be extremely useful in reducing drug related crime and rehabilitating offenders. The offender will normally have been arrested for a trigger offence, such as burglary and tested positive for drugs. The principal focus of DIPs is to reduce drug related crime by engaging with problematic drug users and moving them into appropriate treatment and support, thus breaking the cycle of drug misuse and offending behaviour.

A caution but with conditions attached

Another option is the conditional caution which can reduce the risk of re-offending, rehabilitate the offender and provide restitution for the community. In Bristol, an initiative to offer conditional cautions to first time offenders caught curb-crawling in the red light district has proved to be extremely effective. During 2009, 112 men received a caution for curb-crawling on condition that they attend a 'Change Course' (a one day re-education programme) which they also have to pay for. None of the offenders who have attended the course have so far re-offended and there has been a 13% reduction in complaints about curb-crawling from the community. The Change Course has also raised a total of £7,200 for community projects including mini-bus hire for a local primary school, building a play area for the districts children and providing rubbish bins in a neighbourhood park. 

Acceptable Behaviour Contract

The youth justice system in particular tends to favour preventative, remedial and rehabilitation solutions over fines and custody. An example of this might be an Acceptable Behaviour Contract for someone under 18 found in possession of alcohol in a public place: if they breach the contract within 12 months, they are given a warning on the first two occasions, given a final reprimand on a third occasion and only prosecuted for a fourth breach.

Before considering whether or not to prosecute someone for an offence, we always need to ask ourselves if an alternative way of dealing with it would provide a better outcome for the offender, the victim and the public.