The criminal justice system is like a manual car: different gears are needed for different situations. Overusing the high gears (court and imprisonment) means the car won’t work as effectively, efficiently or economically.
Some crimes are best resolved without going to court, using the first and second gears of the justice system. Cautions, community resolutions, deferred prosecution or full diversion from the justice system are all effective options in preventing reoffending and addressing the needs of victims.
Some police forces are making better use of these options than others. Use the interactive tool below to see how often different police forces across England and Wales use out of court resolutions, compared to how often they charge people and send them to court.
For many low-level and first-time crimes, it’s being caught by the police that makes the difference, regardless of the sanction applied. The best approach may be to refer someone to services and take no further action. May be referred to as ‘outcome 22’.
Used for crimes which are more effectively dealt with swiftly and informally, often “on the street”. The person who committed the crime agrees to make amends in some way – whether by apologising or clearing up any damage done.
Given to people who admit to committing relatively low-level offences where prosecution would not be effective or proportionate. A formal criminal justice sanction that includes a criminal record. Currently being phased out in favour of cautions with conditions.
Like a simple caution, plus all those on whom they are imposed have to meet conditions such as taking part in a rehabilitation activity or paying compensation for damage.
A quick way of dealing with low level, antisocial and nuisance offending by issuing a fine. Currently being phased out and use has dropped significantly in recent years.
An approach available in a small number of police forces, where prosecution is deferred if the accused agrees to undergo a rehabilitation programme. If they do not complete the programme, they may be prosecuted. Does not require a formal admission of guilt.
How can the police resolve more crimes effectively, without resorting to the courts? This report summarises findings from interviews with nine police forces from the top of our crime resolution tracker, which ranks police forces by the proportion of out of court resolutions and outcome 22s they use versus charge.
The report includes recommendations for how out of court resolution leads, senior officers and the government can help police to effectively resolve more crime without going to court.
What do victims want after a crime occurs? Does resolving crime out of court work for victims? This report answers these questions and more, based on a poll of 1,235 victims and in-depth interviews with 25 victims whose cases were resolved out of court.
You can also read our guide for police forces on how to improve victims’ experiences of out of court resolutions. The guide’s eight practical recommendations are based on our research with victims.
