A new pilot programme to tackle low-level offending that puts victims at the heart of decision-making is being launched in Staffordshire and Stoke-on-Trent on Monday, 3 November.
Staffordshire Police is one of three forces taking part in the new system for police sanctions known as Out of Court Disposals.
Matthew Ellis, Staffordshire’s Police and Crime Commissioner, is supporting the pilot as part of his vision to put the needs of victims and witnesses at the centre of the criminal justice system.
Policing Minister Mike Penning visited Staffordshire on Wednesday (29 October) to discuss the pilot’s launch.
The pilot will mean criminals have to make amends to victims and will require offenders to take one or more actions, such as attending an addiction treatment programme, paying a fine or making good on the damage they have done. Failure to stick to those conditions will mean a risk of being prosecuted for the original offence.
The system – which will be piloted for one year in Staffordshire, West Yorkshire and Leicestershire and could be rolled out nationally if successful – will allow police to tackle offending in a much more effective way. Those who choose not to comply will face the possibility of being prosecuted for the original offence. The use of the simple caution, where an offender simply accepts the caution with no immediate consequences for doing so, will end.
Replacing the existing six disposals (Conditional Caution, Simple Caution, Penalty Notice for Disorder, Cannabis and Khat Warning and Community Resolution) the new framework will simply comprise of:
A new statutory Community Resolution – Aimed at first-time offenders, this will be used to resolve minor offences through an agreement with the offender. It will empower victims, giving them a say in how they want the offender to be dealt with. It could see an offender offering a verbal or written apology to the victim, making reparation (such as fixing damages to property) or paying compensation. The resolutions are based on a new list of Community Remedies that have been shaped by the opinions of over 3,500 people from across Staffordshire and Stoke-on-Trent.
A Suspended Prosecution – Designed to tackle more serious offending, it will allow the police to attach one or more conditions to the disposal which must be reparative, rehabilitative and/or punitive in nature. It could see the offender receiving a punitive fine or attending a course designed to rehabilitate him or her and reduce the likelihood of re-offending.
Mr Ellis said: “Community resolutions are about putting the victim at the heart of the process and ensuring that they are satisfied with the outcome that happens in a way that remedies the harm or damage.
“This isn’t about being soft on crime but about taking a pragmatic approach to the low-level community issues police officers and PCSOs face on a regular basis. It’s about making sure first-time offenders are dealt with swiftly and in a way that makes them understand that crime of any sort is not acceptable.
“We will be monitoring the pilot carefully to make sure victims and communities are benefiting and that public confidence is increased as a result.”
Assistant Chief Constable Bernie O’Reilly said: “When used in the right way a restorative approach allows officers to deal quickly and proportionately with some crimes that can be resolved without a prosecution at court.
“This approach means a prompt resolution for victims – leading to increased public satisfaction. It also frees up officers’ time – putting them back on the streets.
“However, courts will always be the right place for serious and contested cases – as well as persistent officers. The public have a right to expect that serious cases will always be held before court.
“It is very important that the seriousness of the offence and any criminal history of the offender are taken into account to decide whether an out of court disposal is the best response.”
The new Suspended Prosecution will see offenders face going before court if they fail to comply with the conditions of new measures being introduced. It is one of two new measures that will be used in place of the current complex system of sanctions – known as Out of Court Disposals – used by police to tackle low-level offending.
In the last 12 months, 6,215 Out of Court Disposals were used in Staffordshire including 2,755 cautions. Under this new two-tier framework, offenders will have to take steps to comply with the disposal, rather than just accepting a warning, which is often the case with the current system. If they fail to comply, they will risk being prosecuted for the original offence. The pilots will operate for 12 months and will be assessed before a decision is taken on whether to roll out the framework nationally.
As with the current system, police officers will use their professional judgement to assess an offence, taking into account the wishes of the victim and the offender’s history, in order to reach an outcome which best meets the needs of the victim and of the public.
