Out of Court Disposals and Alternative's to Prosecution

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Types of Out of Court Disposals
-No formal Action (NFA) and Detected but not proceeded (DNP)
-Cannabis or Khat warning.
-Simple Caution.
-Condition Caution.
-Penalty Notices - FPNs and PNDs
-Community Resolution.
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Fixed Penalty Notices and Penalty Notices for Disorder
-FPNs predominantly for low-level driving offences.
-Introduced in 1950s.
-Individual accepts FPN, pays fine and accepts points, or can go to court to dispute case.
-Expanded to cover low level ASB.
-Issued by police and PCSOs & local authorised agencie
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Cannabis and Khat warnings
-Used for low level possession.
-Requires admission of guilt.
-Substance is confiscated.
-Recorded on PNC.
-Not a conviction so can't become 'spent'.
-Should not be used if sentencing subsequent offences.
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Cautions - simple and conditional
Formal warning
Issues by police to people 18+
Intended for first time offences
Sufficient evidence to warrant prosecution
Records an offence as having been committed.
Can be used in subsequent prosecutions 'Clear and reliable' admission of guilt
consent
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OOCDs and Young people
10-17 year olds
No further action
Community resolution/triage
Youth caution
Youth condition caution
Proceed to charge
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Why use OOCDs
'simple, swift, and proportionate response to low risk offending" - (House of Commons 2015:3 in Harding, Davies and Mair 2017:255)
- Engages victims and community.
-Cheaper to administrate.
-Reduces burdens elsewhere in the CJS.
-Enables officers to spend
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Concerns with OOCDs
lack of due process.
Women more likely to receive an OOCD.
Ethnic minorities less likely to be cautioned.
Use of cautions for serious and persistent offenders.
Used inappropriately in up to 30% of cases (HoC 2015)
Class bias?
Regional variation.
Speculati
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Other cards in this set

Card 2

Front

Fixed Penalty Notices and Penalty Notices for Disorder

Back

-FPNs predominantly for low-level driving offences.
-Introduced in 1950s.
-Individual accepts FPN, pays fine and accepts points, or can go to court to dispute case.
-Expanded to cover low level ASB.
-Issued by police and PCSOs & local authorised agencie

Card 3

Front

Cannabis and Khat warnings

Back

Preview of the front of card 3

Card 4

Front

Cautions - simple and conditional

Back

Preview of the front of card 4

Card 5

Front

OOCDs and Young people

Back

Preview of the front of card 5
View more cards

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