Essay An Out Of Court Disposal

884 Words Dec 28th, 2016 4 Pages
An out of court disposal is a way of dealing with a criminal offence, through methods which do not require a prosecution in court. Their use is often for low level, first time offences. There are a wide range of out of court disposals, they include (although are not limited to) the cannabis warning, simple caution, youth caution, conditional cautions, conditional discharge and penalty notices for disorder. For an out of court disposal to be given, the offender must admit their guilt and there should be enough evidence to prove that the individual committed the offence. It is also necessary to consider whether the public interest would be served by the using of such disposal.

Parliament UK, (2015) state that the aim of an out of court disposal is to provide a simple, swift and proportionate response to low-risk offending. They should also reduce the risk of an individual re-offending. The Office for Criminal Justice Reform, (2010) voice that “out-of-court disposals are not suitable for contested or more serious cases. They would not normally be considered for those who offend repeatedly”. The Home Office, (2013) also indicate that further aims are to punish offenders and improve the public confidence in criminal justice agencies.

The report entitled ‘Report Together’ published in 2015 by the Home Office, explains that previously out of court disposals have been used inconsistently. This report would support the argument that out of court disposals are not proportionate…

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