Community Resolutions and Professional Judgement

1. Community Resolutions and Professional Judgement Local Policing & Justice Committee Thursday 11 November 2010

2. Out of Court Disposals • National Picture: • ACPO Review – 2009 • Local Resolutions - proportionality • Green Paper on Sentencing- imminent • Coalition Government • Fresh priorities • Power back to citizens • “The Big Society” • “Rehabilitation revolution” • Crime reduction at the core

3. Out of Court Disposals Available • Conditional Caution • Simple Caution • Penalty Notice for Disorder • Final Warning • Reprimand • Cannabis Warning • Community Resolution (NB: Admission, conditionality, criminal record)

4. Detected & Resolved Crime Comparison 2008 - 2010

5. Detected & Resolved Crime Comparison

6. Out of Court Disposals Elsewhere • Youth Conditional Caution • Large variety of ‘Local’ Resolutions • Youth Restorative Disposals • Restorative Justice and practices

7. Community Resolutions “Any action requested by the injured party, which is agreed by the suspect and considered appropriate and proportionate by the officer”.

8. Principles & Benefits • Trusting officers to use professional judgement. • Listening to what victims of crime actually want. • Proportionate and non-bureaucratic. • Looking at the overall public interest picture. • Doing the RIGHT THING.

9. The Process • Aimed at suitable‘lower level’ offences such as criminal damage, theft, minor assaults, subject to all circumstances being assessed. • More serious and ‘priority’ offences may occasionally be considered, subject to additional checks and balances, and only if authorisation is given by an Inspector.

10. The Process… continued • Officer assesses all the circumstances and only if the victim supports a resolution may it be considered. • Process is voluntary – If offender denies involvement or refuses to take part no resolution may occur. • Incident is still recorded as a criminal offence. • A record of the resolution is made so that if the same offender comes to notice again this information is available.

11. Safeguards • The victim must give written permission in advance. • FLINTS and PNC must be checked in advance to ascertain any antecedents or other information is considered. • If the offender agrees to participate, they must admit the offence and agree to the resolution in writing. • The officer must complete a written rationale explaining why a resolution is the most appropriate form of action. • Supervisory sign off.

12. Progress to date • 20,000 Community Resolutions since 1st April 2009. • 5.9% of total recorded crime. • 23% of detected/resolved crime (YTD) • Positive feedback from victims of crime. • Creates capacity, allowing additional focus on serious offending and local priorities.

13. Risks • Inappropriate decision-making / cutting corners. • Risk aversion. • Over-focus on targets / performance indicators, driving the wrong type of activity. • It’s not meant to be “a slightly better option that NFA..”

14. Some examples…. • Common assault After an argument with a neighbour, the 74-year-old offender pushed past her and walked off. No injury was caused whatsoever. This was reported as an assault but the victim just wanted the offender to be spoken to by police. Officers advised him about his behaviour and he accepted that he should not have pushed the victim.

15. Another…. • Criminal Damage A 10 year old and his 8 year old friend threw stones at the windows of a health centre, causing damage. Their parents were horrified at their behaviour. Unfortunately neither family had the means to offer financial compensation so the matter was resolved to the satisfaction of the centre manager by the youngsters attending with their parents and reading out letters of apology to members of staff

16. Another…. • Dog dangerously out of control Offender's dog ran out of garden and bit a neighbour causing minor injuries and damaging her jeans. The victim did not want the offender to be prosecuted as it was a one-off incident, so the matter was resolved with an apology and the offender paying for a new pair of jeans for the victim.

17. Victim Impact and Satisfaction • In 2009, interviews were conducted with 210 victims of crime who had experienced a community resolution. 97% stated they were satisfied with the outcome.

18. Victim Impact and Satisfaction “Ultimately, 42.8% of people had a better opinion of the police after the resolution than before.” Source: NPIA research

19. So, how are we actually using Community Resolutions?

20. Use of Community Resolution Across LPUs

21. Use of Community Resolution Across LPUs

22. Use of Community Resolution Across All Crime Types

23. Indictable Only Offences – Community Resolution

24. An Example…. • Indictable only offence Rape - victim 12yrs when first consensual sex act committed with boyfriend of similar age no further acts until age of 14 with boyfriend. Victim became pregnant, child due September 2009. Offender admitted offence and agreed with social services to attend sexual awareness course. Victim was looking forward to child and declined to co-operate further. PPU involvement throughout.

25. Offences Bought to Justice • Tier 1 • Most Serious Violence • Serious Sexual Offences • Tier 2 • Serious Acquisitive Crime • Robbery, Burglary Dwelling and Vehicle Crime • Tier 3 • Everything else

26. Volumes

27. Tier 1 Crime – How Detected

28. An Example…. • Tier 1 Offence Sexual Assault on 88 year old female by 80 year old male offender in care home environment, offender has pulled the victim towards him and attempted to kiss victim who has not wanted the attention. Matter reported and victim wanted offender to be warned and not arrested

29. An Example…. • Tier 2 Offence Attempt Robbery involving schoolboys and a mobile phone. Offender known by victim at same school. Victim + Parent wanted offender to be advised but not arrested, Involvement with School Based officer and school to conclude Community Resolution

30. Priority Offences – Community Resolution

31. An Example…. • Racially Aggravated Offence Public Order offence (s4). Argument between victim and offender when a single comment was made regarding the victims ethnicity: “You can’t f*****g park that there you p**i”. The Victim wanted a written apology from the offender which was provided, and no further action.

32. Domestic Incidents – Community Resolution Approx 9% of Community Resolutions are Domestic related

33. An Example…. • Domestic Incident Assault. Brother on sister. Offender pushes sister over causing pain discomfort to shoulder. No visible injuries Victim wanted apology from offender and was not prepared to attend court on the matter No previous DV related incidents recorded for offender.

34. Audit Findings Internal Audits conducted in August and October • Indictable only offences • Most Serious Violence • Serious Sexual Offences • Domestic Abuse • Hate Crime • Young Persons

35. Key Results • Overwhelmingly used appropriately • Suitable and proportionate • Low numbers of ‘serious’ offences • Low level of injuries/impact on victim • High levels of previous victimisation for young offenders

36. Ongoing Review of… • Recording of rationale • Supervision and oversight • Co-ordination across all disposals • Use in serious and priority crime • … and open to any new improvements

37. Thank you Any Questions?