Out of Court Resolutions (OoCR)
Out of Court Resolutions (formerly known as Out of Court Disposals) is a method of resolving an investigation without having to go to court and can only be used in certain circumstances. They may include the issuing of a Caution sometimes with conditions, a Community Resolution, or a deferred caution or deferred prosecution with mandatory conditions being set. Restorative Justice can form part of any Out of Court Resolution and is victim focused, bringing the harmed and harmer together to play a part in repairing the harm and finding a positive way forward.
The LCJB Business Manager chairs the Out of Court Resolution Scrutiny Panels on behalf of the Police and Crime Commissioner.
Membership of the panel include representation from the Crown Prosecution Service, His Majesty’s Court & Tribunal Service, Youth Justice Service and the Magistracy. The police attend the panel meetings but do not have any voting rights.
The panel will review a random sample of anonymised cases where OoCRs have been used, exploring good practice and learning experiences, recognising areas that could be improved.
The panel will review each case on whether they consider the decision was:
- Consistent with policies and the CPS Code for Crown Prosecutors
- Consistent but with observations added from the panel
- Inconsistent with policies
- Panel failed to reach a conclusion
The panel cannot change the outcome of any decisions taken and is not part of any disciplinary procedure, it can only make recommendations.
The panel’s findings are shared with each agency and published on the OPCC website for the public to view as part of our commitment to openness and transparency.
Out of court resolutions scrutiny panel reports
Victims Code of Practice
The new Victims Code of Practice published in April 2021 is a charter of rights that dictate the minimum level of service victims can expect at every stage of the justice process. The Code includes the following 12 victims rights:
- To be able to understand and to be understood.
- To have the details of the crime recorded without unjustified delay.
- To be provided with information when reporting the crime.
- To be referred to services that support victims.
- To be provided with information about compensation.
- To be provided with information about the investigation and prosecution.
- To make a Victim Personal Statement.
- To be given information about the trial, trial process and your role as a witness.
- To be given information about the outcome of the case and any appeals.
- To be paid expenses and have property returned.
- To be given information about the offender following a conviction.
- To make a complaint about your rights not being met.
It is the Police and Crime Commissioners legal responsibility to hold the Chief Constable to account on behalf of the residents of Devon, Cornwall, and the Isles of Scilly for delivering a police force that works well and meets the needs of its communities. To do this the LCJB ‘scrutinises’ the compliance of the Victims Code of Practice. The scrutiny of VCoP is about reviewing cases and working practices, to recognise and promote good practice, identify any areas for development and support the police as an organisation to learn and improve, so that the public can be assured and have confidence in the criminal justice system.
The LCJB Business Manager chairs the Victims Code of Practice Scrutiny Panels on behalf of the Police and Crime Commissioner.
Membership of the panel include representation from the Crown Prosecution Service, His Majesty’s Court & Tribunal Service, the Youth Justice Service, the Probation Service, Victim Support and the Magistracy. The police attend the panel meetings but do not have any voting rights.
The panel will review a random sample of anonymised cases to assess if all the 12 rights of the Code have been complied with, exploring good practice and learning experiences, recognising areas that could be improved.
The panel will review each case on whether they consider compliance with the 12 rights, using the following scores:
- Fully compliant
- Partially compliant
- Non-compliant
- Victim did not engage
- Panel failed to reach a decision
- Information not recorded
- Not applicable
The panel cannot change the outcome of any decisions taken and is not part of any disciplinary procedure, it can only make recommendations.
The panels findings are shared with each agency so good practice can be shared or improvements for victims under the Code can be considered, the reports are also published below for the public to view as part of our commitment to openness and transparency.