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August 2023
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A public consultation invites views on the operational impact and workability of the newly drafted Code of Practice for the statutory two-tier Out of Court Disposals framework, as set out in The Police, Crime, Sentencing and Courts (PCSC) Act 2022.
Out of Court Disposals (OOCDs) are used for a range of pre-charge sanctions used by police and other prosecution agencies to deal with less serious offending. The PCSC Act 2022 set out reforms to replace the current framework of warnings, penalties, and cautions with a new statutory two-tier framework, which consists of:
Justice Minister Damian Hinds said: "The current system for these punishments has grown unwieldy and has led to inconsistent use. This simplified system will ensure victims see justice being delivered, better nip lower-level criminality in the bud, and guarantee the most serious offenders always face the full glare of the courtroom." What does this mean, practically? Unlike in the previous system, both cautions must be issued with one or more meaningful conditions focusing on rehabilitation or providing direct restitution to the victim or the local community. These could include targeted unpaid work such as cleaning up graffiti, drug treatment courses, or compensation for the victim. Offenders must admit their offence to be eligible for the new cautions, meaning they accept responsibility for their actions and engage with their punishment. Certain serious crimes like the use of offensive or bladed weapons will be specified as excluded offences, which, in the government's view, "[sends] a strong signal that serious offences should be pursued through the courts." The changes will also provide clarity to frontline police officers over when and how cautions should be used. In appropriate circumstances, police will retain the use of the existing non-statutory Community Resolution. Once the new cautions framework is implemented, the other 5 OOCDs that are currently available will be abolished, namely Cannabis Warnings, Khat Warnings, Penalty Notice for Disorder, Adult Simple Caution, and Adult Conditional Caution. What Are Out of Court Disposals (OOCDs) Out of Court Disposals (OOCDs) are a type of informal resolution used within the criminal justice system in various countries, including the United Kingdom. They are designed to deal with less severe or low-level offences without requiring a formal court trial. Instead of going to court, the alleged offender and the authorities (usually the police) agree on an alternative way to address the offence. Out of Court Disposals can take several forms, but some common examples include the following:
Image credit: West Midlands Police: is licensed under CC BY 2.0 |