Every year over a million people are prosecuted in the magistrates’ courts. Going to court is stressful and long winded for victims, witnesses and the people being prosecuted, and usually results in a fine, only a fraction of which end up being paid. It is also costly for an already overstretched criminal justice system. Some crimes do need to be prosecuted but court is not the only way, nor often the most effective way, to resolve the harm caused by crime. Transform Justice challenges the enthusiasm for use of courts and prisons to solve problems in our society. We advocate instead for greater use of ways to resolve crime without going to court, including out of court disposals, diversion and restorative justice.
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.
Some police forces are making better use of out of court resolutions than others. Use our interactive tool 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.
In a “tough on crime” climate, how can we build support for resolving more crimes without going to court?
Read our guide on how to communicate about resolving crimes without going to court in a way that builds public support and acceptance. It is written for anyone writing or speaking about resolving crime without going to court, including charities, police, and police and crime commissioners.
Violence and abuse towards police and NHS workers causes huge harm and has lasting effects on staff morale, absences and retention in key public services. Under pressure from unions, the government created a new offence for assaulting an emergency worker and quadrupled the maximum penalty for doing so to two years’ imprisonment. But are harsher punishments effective in reducing violence and abuse?
Even the government recognises that more prosecutions and harsher punishments are not working to reduce assaults on police and NHS workers. It is also having unintended negative consequences, sweeping more people with mental health conditions into the criminal justice system. There are more effective ways to reduce violence and abuse towards police and NHS workers. Our work highlights how harm from assaults can be better addressed through support for employees, diversion, restorative justice, and better training to prevent incidents escalating in the first place.
