Criminal Justice System (Police, Court, Probation)

The police

Disposals given by the police

The police have many options at their disposal for dealing with crime and anti-social behaviour. For less serious cases the police may deal with the matter by way of an informal out-of-court disposal. Accepting one of these does not involve any admission of guilt. They will be recorded on the Police National Database (PND).

• Community Resolution Order
• Cannabis Warning
• Fixed Penalty Notice (FPN) / Penalty Notice for Disorder (PND)
• Harassment Warning
• Single Justice Procedure Notice

Alternatively, if you admit your guilt, the police may offer you a caution. Cautions and conditional cautions are recorded on the Police National Computer.

• Simple caution (including youth caution)
• Conditional caution (including youth conditional caution)
• Implications of accepting a police caution

If you want to find out what information the police hold about you, you can ask for a copy of your police record (referred to as a Subject Access Request) from ACRO Criminal Records Office.

• Police records – Subject access request

The information recorded by the police on the PNC and PND is used by the Disclosure and Barring Service to produce criminal record certificates for employment purposes (basic, standard and enhanced). The police may however be involved in other types of ‘disclosures’.

• Police certificates
• Child sex offender disclosure scheme – ‘Sarah’s law’
• Domestic violence disclosure scheme – ‘Clare’s law’

Courts

Following an investigation by the police your case may be referred to court. Your solicitor will be able to provide you with general information around court procedures and answer any specific questions you have about your case.

• Going to court
• Disclosure of previous convictions in court proceedings
• Criminal legal aid/contributions to legal aid

If you plead guilty or are found guilty the magistrate/judge may decide to give you either a community based sentence:

• Absolute discharge
• Conditional discharge
• Court fine
• Community Order
• Criminal Behaviour Order (CBO)
• Referral Order (under 18)
• Restraining Order
• Serious Crime Prevention Order
• Sexual Harm Prevention Order (SOPO)
• Sexual Offences Prevention Order
• Suspended prison sentence
• Victim surcharge

or alternatively, a prison sentence

• Detention and training order (under 18)
• Prison sentence
• Extended sentence 

If you’ve been to court, think about whether you will ever need an official record of what happened. For example, you might want to (re)enter a profession where you might need to provide transcripts of the sentencing. If you think this will apply to you, make sure you get copies of the court transcripts before they are destroyed by the court.

Probation

Being supervised by probation can be difficult. If possible, try to build a positive relationship with your probation officer. If they feel you are being open and honest with them, they may be more prepared to see you less often and be less restrictive.

• Understanding your community order
• Understanding your licence conditions
• Supervision in the community (after release from prison and on probation or community order)
• MAPPA
• Getting a copy of your probation records

It’s sometimes necessary for a probation officer to make decisions or take actions which you may not agree with. Although these are sometimes necessary, there may be occasions when probation staff fail to do something that they should do., make unjustified decisions or take inappropriate action. If this happens you may need to make a complaint or even consider requesting a change of probation officer.

• Complaints about probation
• Changing probation officer
• Changing probation area