By
Richard Johnstone | 9 June 2011
Inspectors have called for a national strategy on the use of police cautions and penalty notices after finding up to a third might be used inappropriately.
In a report published today, the police and Crown Prosecution Service inspectorates say the use of such ‘out-of-court disposals’ has grown ‘largely uncontrolled’ and is being overused. The penalties are issued for offences such as cannabis possession and drunk and disorderly behaviour.The number handed out in England and Wales has increased by 135% in the past five years, making up a third of the 1.29 million offences brought to justice annually.
Use of the notices varies in different parts of the country, the report says. They range from making up 26% of offences brought to justice in one police force’s area to 49% in another.
This form of punishment was designed to simplify and speed up dealing with less serious offences, the inspectors say. But in a sample of 190 cases a third should have gone to court as the offences were too serious. In one case, a simple caution was issued to an offender who had stolen £5,000 from his employer.
Commenting on today’s report, Exercising discretion: the gateway to justice, inspector of constabulary Dru Sharpling said: ‘Out-of-court disposals account for a substantial part of criminal justice business. Their importance should now be reflected in a national strategy to bring greater consistency in their use and promote good practice so that standards of fairness are replicated across England and Wales.’
Chief CPS inspector Michael Fuller added: ‘The manner in which out-of-court disposals are currently used has evolved in a piecemeal way. Our study found that there needs to be greater consistency in the use of out-of-court options so that justice is delivered, and seen to be delivered, in a consistent and transparent way.’
Responding to the report, a spokesman for the Ministry of Justice said that out-of-court disposals were ‘an important way of ensuring there are swift consequences for offenders, but it is crucial such powers are used in the right way’.
He added that the department was working with the police and others to ensure a clear and consistent approach.
