Out-of-court disposals
This includes:
- for adults (18+), a
- cannabis warning
- simple caution
- conditional caution
- penalty notice for disorder
- fixed penalty notice (for driving offences)
- and for youths (10 - 17), a:
- reprimand
- final warning
- penalty notice for disorder (16 & 17 year olds only)
Simple caution
They can be issued by the police to adults (18+) who have admitted the offence and are willing to be cautioned. If the offender refuses to accept a caution then they may be taken to court for the offence. In exceptional circumstances a simple caution may be used to deal with more serious offences. However, if the offence is indictable-only (criminal offences that can only be tried by the Crown Court) the decision to issue a caution must be made by the Crown Prosecution Service.
If this disposal is being considered, you should be consulted. Your views may be relevant to determining seriousness of the offence. But you cannot insist that the matter is disposed of in a particular way. Whether or not the offender is convicted in the criminal courts, you can sue him or her for damages in a civil court. If you want to pursue a civil action you can ask for the offender's details. You can find out more about this at your Citizens Advice Bureau or by asking a solicitor.
Conditional caution
These are used for low-level offending. They are cautions with rehabilitative and / or reparative conditions attached. They can be issued by the police to adults (18+) who have admitted an offence if the Crown Prosecution Service decides it is appropriate to do so. If the offender refuses to accept a conditional caution or fails to complete the conditions then they may be taken to court.
If this disposal is being considered, you should be consulted. Your views may be relevant to determining seriousness of the offence. But you cannot insist that the matter is disposed of in a particular way.
If appropriate, you can be awarded compensation or reparation. Reparation is where the offender makes good the harm they have caused.
You may be offered the opportunity to take part in restorative justice. Restorative justice may involve a meeting between you and the offender, with a mediator, where you can tell the offender how the offence has affected you, and the offender has the chance to make amends to you directly. You do not have to do this if you do not want to.
Whether or not the offender is convicted in the criminal courts, you can sue him or her for damages in a civil court. If you want to pursue a civil action you can ask for the offender's details. You can find out more about this at your Citizens Advice Bureau or by asking a solicitor.
Penalty notice for disorder (PND)
PNDs can be issued by the police (and in some cases, community support officers or other accredited persons). Suspects, who must be at least 16 years old, do not need to admit guilt. They can pay a fixed fine or request a court hearing. If the offender does not pay the penalty or request a court hearing within the 21-day suspended enforcement period, a fine of one and a half times the penalty is isssued instead.
If this disposal is being considered, you should be consulted. While you cannot insist on the method of disposal, a PND should not be issued if you are opposed to this.
If a PND is issued, the suspect cannot then be taken to a criminal court for the offence. This means that there is no possibility of the court considering awarding you a Compensation Order as a victim of crime. However, you can sue the offender in a civil court. If you want to pursue a civil action you can ask for the offender's details. You can find out more about this at your Citizens Advice Bureau or by asking a solicitor.
Penalty notice for disorder (PND)
The Final Warning Scheme is a statutory scheme. The provisions are set out in sections 65-66 of the Crime and Disorder Act 1998. It was implemented across England and Wales on 1 June 2000. The scheme introduced a system of reprimands and final warnings for 10-17 year old young offenders. Depending on the seriousness of the offence, a reprimand is normally given for a first offence and a final warning for a second offence. As the name implies, further offending following a final warning will normally lead to a criminal charge. To be eligible for a reprimand or final warning the young person must have admitted the offence.
Following a final warning, the police have a statutory duty to refer the young person to the local YOT. The YOT in turn must carry out an assessment of the young person and in most cases will provide an intervention programme aimed at tackling the causes of offending behaviour and prevent re-offending. These can include programmes such as anger management and drug rehabilitation. In addition parents and victims have roles to play in helping the process along.
In addition, the Anti-Social Behaviour Act 2003 provides for penalty notices for disorder to be issued to persons aged 16-17 years of age.