Out Of Court Disposal Essay

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 …show more content…
This indicates that cautions are not being used correctly, and that they could be more harmful than beneficial. Fassenfelt, (2013) believes that the police use out of court disposals more frequently because there is ‘less to do’. He argues that police forces use out of court disposals to avoid the paperwork required for a court case. Some people may think that prison spaces affect the response of the criminal justice system. However, the justice minister, Damian Green (2012) says that “policy is not driven by the number of prison places available. It is driven by a desire to have proper justice so that offenders are sentenced in an appropriate