Out of court resolutions

In this section:

In some cases, crimes can be resolved without anyone having to go to court. These are known as ‘out of court resolutions’.

What you can expect from an out of court resolution

In general, there are two main types of out of court resolutions:

Community resolutions:

• These are an informal outcome in which the offender doesn’t get a criminal record.
• They include voluntary conditions for the offender to comply with.
• If the offender breaks these conditions, no action is taken against them.

Cautions:

• These are a formal outcome in which the offender gets a criminal record.
• They can include conditions for the offender to comply with.
• If the offender breaks these conditions, they can be sent to court.

Examples of conditions

Conditions of out of court resolutions can be vast. Common examples include offenders:

• paying compensation to the victim
• apologising to the victim
• taking part in ‘restorative justice processes’, such as meeting with the victim and a trained mediator to help repair harm caused
• getting help and support to stop them from reoffending (for example, by attending an anger management course or an alcohol treatment program)

Benefits of an out of court resolution

Out of court resolutions are designed to:

• hold offenders to account for their actions and address their behaviour
• address any harm caused by the offence
• deliver quick and meaningful justice
• help reduce reoffending

Diversion and deferred prosecution schemes

Some forces also operate 'diversion and deferred prosecution schemes'. These are similar to out of court resolutions in that they require the offender to agree to certain conditions.

They're usually informal and don’t tend to result in a criminal record for the offender.

Please speak to the officer dealing with your case to find out if they offer these schemes.

Find out more

While not suitable in every case, you can ask us to consider out of court options for you.

Find out more about out of court resolutions on the College of Policing website.

Next: Going to court