Tag: Particular sentences and disposals

Out of court disposals

For more information on out of court disposals, use the ‘Information’ header at the top of this page and select ‘Understanding your criminal record’ and then ‘List of sentences/disposals and their implications‘

Summary

When deciding whether a prosecution is in the public interest, police officers have a duty to consider whether an out of court disposal would be more appropriate.

On many occasions, the action of the police is determined by law. However, there are times when the police have some discretion in how they exercise their powers and they may feel it more appropriate to issue some type of out of court disposal.

Any decision they make must be appropriate and proportionate to the offence and to the individual concerned. Any relevant mitigating or aggravating factors will be taken into consideration.

Examples of out of court disposals and their implications

Click on image to open

Thanks go to NAAN for allowing us to copy the above image from their guidance.

Further information

There’s a list of police disposals, and information on each, available on this site here.

For additional information relating to the out of court disposals framework have a look at the College of Policing website.

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Criminal Behaviour Order (CBO) – or ‘Crimbo’

Criminal Behaviour Orders (CBO’s) were introduced in October 2014. They directly replace the Anti-Social Behaviour Orders (ASBO’s).

Who is it issued by and how can I contact them?

Issued by the court – contact the relevant court.

Does it involve guilt?

Yes – it is issued when a person is convicted of a criminal offence where the individual is involved in persistent anti-social behaviour. The CBO need not have a direct link to the offence an individual appears in court for.

Is it recorded on the Police National Computer (PNC)?

Yes.

Is it classed as a conviction?

Yes. It’s an order on conviction, available following a conviction for any criminal offence in the Crown Court, magistrates’ court or youth court.

It is an offence to breach the terms of a CBO and if found guilty of a breach, this would result in a further conviction. A court could impose a maximum sentence of up to five years imprisonment or a fine, or both for an adult.

What is the duration of a criminal behaviour order?

Adults: Minimum 2 years – no maximum time frame, may be indefinite
Under 18’s: 12 months – 3 years

How long will it be on my record?

It will remain on the PNC indefinitely and can still be mentioned in future criminal proceedings even after it has become spent.

When does it become spent?

At the end of the order.

When do I have to declare it?

Before it is spent you need to declare it, when asked, to employers, insurers and for some other financial checks. After it’s spent, it will still be disclosed on standard or enhanced checks, unless it is eligible for filtering.

Is it disclosed on DBS checks?

Yes, it is disclosed by both the standard and enhanced checks unless it is eligible for filtering. Once it’s spent, it will not be disclosed on a basic check.

Do I have the right to appeal and what is the process?

Orders made by a magistrates’ court can be appealed under section 108 of the Magistrates Courts Act 1990.

Orders made by a Crown Court can be appealed in the Court of Appeal Criminal Division. An appeal is appropriate when an individual seeks to argue that the order should not have been made, or the prohibitions are wrong.

If an individual believes that their circumstances have changed since the issue of the order, then an application could be made to discharge or vary the order.

Other information

A court must be satisfied beyond reasonable doubt that an individual has engaged in behaviour likely to cause harassment, alarm or distress. The evidence given in this regard may be unrelated to the criminal offence for which you are before the court. Evidence may be given by witnesses, or where witnesses are reluctant to come forward by using accepted redacted witness statements or by Local Authority Officers giving heresay evidence.

As a CBO is not a criminal penalty, the court must believe that you will be helped to tackle anti-social behaviour by the order. The CBO may include prohibitions to stop the anti-social behaviour, or may include requirements to address the underlying causes of the behaviour.

Prohibitions may include not drinking in public parks etc where the anti-social behaviour is related to drunken behaviour in such locations. Examples of positive requirements include attendance at Substance Misuse Groups or Anger Management Groups.

Evidence must be provided of the need for the CBO and why it is appropriate. The CBO should not interfere with employment or job prospects, education or family life. It must be proportionate and reasonable and not designed to stop ‘reasonable, trivial or benign behaviour that have not or are likely to cause anti-social behaviour to victims or communities’

A Freedom of Information request made by the BBC showed that there are currently 2,600 active CBO’s. Ministry of Justice figures showed that in 2016, a total of 932 CBO’s were issued following conviction a court, an increase of 35% on the previous year.

Absolute discharge

This is part of our information section on understanding your criminal record. Details of other sentences/disposals can be found here.

Who is it issued by and how can I contact them?

Issued by the court – contact the relevant court.

Does it involve guilt?

Yes – it is passed when the court finds you guilty but does not think that any further action is required. You may still have to pay compensation, prosecution costs or be disqualified from driving.

Is it recorded on the Police National Computer (PNC)?

Yes.

Is it classed as a conviction?

No. However, for the purposes of filtering, it will be dealt with as a conviction.

How long will it be on my record?

It will remain on the PNC indefinitely and can still be mentioned in future criminal proceedings even after it has become spent.

When does it become spent?

Immediately.

When do I have to declare it?

You do not have to declare it after it is spent. Before it is spent you do need to declare it, when asked, to employers, insurers and for some other financial checks.

Is it disclosed on DBS checks?

Yes, it will be disclosed by both the standard and enhanced checks, unless it is eligible to be filtered. A basic check only discloses unspent convictions.

Cannabis Warning

This is for information only. We are unable to provide advice on this.

Who is it issued by and how can I contact them?

Cannabis warnings are issued by the Police – contact the administering force.

Does it involve guilt?

Yes – you have to make a clear and reliable admission.

Is it recorded on the Police National Computer (PNC)?

Yes. A facility is available on the PNC which allows an entry to be recorded which does not constitute a ‘criminal record’ but is accessible for police use.

Is it classed as a conviction?

No, but it is kept on the PNC and can be taken into consideration by the Police is you are found to be in possession of cannabis at any time in the future.

How long will it be on my record?

Although a Cannabis Warning does not result in a criminal record, the information can still be used if further offences are committed.

When does it become spent?

It isn’t a caution or conviction, so isn’t formally covered by the Rehabilitation of Offenders Act 1974.

When do I have to declare it?

You very rarely get asked about Cannabis Warnings, so you don’t have to declare it.

However, it is not covered by the Rehabilitation of Offenders Act and so, when asked, it must be disclosed. It is rare for employers to ask about Cannabis Warnings.

Is it disclosed on DBS checks?

Not on a standard check.

It might be disclosed as part of an enhanced check in the ‘other relevant information’ section, i.e. if the offence has a bearing on the kind of work you are applying for. However, in our experience it is rare for cannabis warnings to be disclosed in the ‘other relevant information’ section.

What if I get asked “have you got any convictions, cautions, warnings and reprimands”?

It is likely that the question is relating to ‘warnings’ that were given to under 18’s, as the equivalent to a caution. These are now referred to as ‘youth cautions’ .

Do I have the right to appeal and what is the process?

There is no formal process for rescinding a Cannabis Warning once it has been administered. If you wish to complain about the decision or how the case was handled, you need to make a complaint to the Chief Constable or Commissioner of the administering force.

Each police force should be willing to receive requests for Cannabis Warnings to be ‘expunged’ as part of their ownership as Data Controllers of the PNC. However, this is only done in exceptional circumstances, particularly where a significant amount of time has passed since receiving the warning. If you did decide to try and have the warning expunged, then there is a risk that your earlier admission of guilt could be used as evidence if they decided to proceed with charge in lieu.

Other information

In dealing with an offence of cannabis possession, a police officer will have three options open to them; arrest, PND or Cannabis Warning

The options are listed in order of escalation that would be expected taking into account many aggravating factors.

Cannabis Warnings form part of an intervention framework which was developed to assist officers in deciding on a justifiable and proportionate response to dealing with people found to be in possession of cannabis for personal use.

The framework will be considered when an individual meets all the conditions below:-

An adult, aged 18 years or over
Non vulnerable
Capable of understanding the significance of questions put to them or their replies
Not suspected of being under the influence of drink or drugs at the time the warning is to be issued
In possession of a small amount of cannabis, consistent with personal use
Personal details have been satisfactorily verified
They admit the offence

The general principle of a Cannabis Warning is that no more than one warning should be issued and the following should apply:-

No previous record of a Cannabis Warning
No previous record of a PND being issued
No previous convictions
Not known to the officer ‘locally’ as a persistent offender
No ‘aggravating’ circumstances
Compliant with procedure

Useful links

There’s a useful link to ACPO guidance on cannabis possession for personal use , which includes information about Cannabis Warnings.

Community order

This is part of our information section on understanding your criminal record.

Who is it issued by and how can I contact them?

Issued by the court – contact the relevant court.

Does it involve guilt?

Yes.

Is it recorded on the Police National Computer (PNC)?

Yes.

Is it classed as a conviction?

Yes.

How long will it be on my record?

It will remain on the PNC indefinitely and can still be mentioned in future criminal proceedings even after it has become spent.

When does it become spent?

At the end of the order.

When do I have to declare it?

You do not have to declare it after it is spent except for an occupation exempt from the Rehabilitation of Offenders Act, like working with children. Before it is spent you do need to declare it, when asked, to employers, insurers and others.

Is it disclosed on DBS checks?

Yes, it be disclosed on both standard and enhanced checks unless it is eligible for filtering. Once it becomes spent, it won’t be disclosed on a basic check.

What guidance is there on fair process?

The Sentencing Council provide guidelines on community sentences to try and ensure uniformity in sentencing.

Do I have the right to appeal and what is the process?

All appeals about the handling of your case by Probation, should be made to the relevant National Probation Service office. If you are still not satisfied your complaint has been dealt with, contact the Prisons and Probation Ombudsman who have a legal responsibility to investigate all complaints.

What are the implications for life in the community?

A community sentence is managed by the probation service and can involve a range of requirements and programmes. Breaking the terms of your order can result in a return to court or prison.

What can it include?

Community orders, sometimes referred to as community sentences, allow judges or magistrates to tailor a sentence. The sentence is served in the community under the supervision of a Probation Trust and should be considered a punishment, in that it may restrict your movements and activity, as well as encouraging attendence at activities or treatment-based interventions that are rehabilitative in nature.

Sentencers can impose several different conditions, or ‘requirements’ on the order. There are a total of twelve different requirements although an offender would not have all the requirements attached to their order. Less serious offences would generally carry only one or two whereas a more serious offence may have three or more elements to the order.

The requirements are as follows:

Supervision – by a Probation Trust. This is where you’ll have to attend regular meetings with a probation officer who will undertake work with you to change attitudes and behaviour.

Unpaid Work/Community Payback – up to a maximum of 300 hours set work performed for the benefit of the community.

Curfew –where you can be ordered to stay within the confines of your home during certain hours of the day for up to six months. The curfew can be for up to 12 hours within a 24 hour period. Curfews are usually electronically monitored.

Accredited Programmes – designed to address behavioural issues such as general offending, violence, sex offending, drug or alcohol abuse, domestic violence and drink impaired driving. May be group based or one-to-one.

Specified Activities – for example improving basic skills, or undertaking reparative work.

Prohibition – from undertaking certain activities. For example attending football matches, public houses or shopping centres.

Exclusion – where you can be excluded from entering certain areas for up to two years.

Residence – where you have to live at a certain address for example approved premises such as a hostel or a private address.

Mental Health Treatment – this can only be imposed with your consent and is done under the direction of a doctor or psychologist.

Drug Rehabilitation – this includes testing and treatment and can also only be imposed with your consent. This is designed to reduce or eliminate your dependency on drugs.

Attendance Centre – where you (up to the age of 25) are required to attend a particular centre at a certain time for between 12 – 36 hours during your sentence.

Alcohol Treatment – this can only be imposed with your consent and lasts up to three years. This is designed to reduce or eliminate your dependency on alcohol.

These requirements are also available to the courts when a suspended sentence is imposed.

Community Resolution Order

This is for information only. We are unable to provide advice on this.

Who is it issued by and how can I contact them?

Issued by the police – contact the administering force.

Does it involve guilt?

Yes – you have to make a clear and reliable admission.

Is it recorded on the Police National Computer (PNC)?

Yes (if it relates to a recordable offence). A facility is available on the PNC which allows an entry to be recorded which does not constitute a ‘criminal record’ but is accessible for police information.

Is it classed as a conviction?

No.

How long will it be on my record?

Although a community resolution order does not result in a criminal record, the information can still be used and taken into consideration if further offences are committed.

When does it become spent?

N/A

When do I have to declare it?

It isn’t a caution or a conviction, so isn’t formally covered by the Rehabilitation of Offenders Act 1974.

Is it disclosed on DBS checks?

Not on a standard check.

It might be disclosed as part of an enhanced check in the ‘relevant information’ section, i.e. the offence has a bearing on the kind of work you are applying for. However, in our experience it is rare for community resolution orders to be disclosed in the ‘other relevant information’ section.

Do I have the right to appeal and what is the process?

There is no formal process for rescinding a community resolution order once it has been administered. If you wish to complain about the decision or how the case was handled you need to make a complaint to the Chief Constable or Commissioner of the administering force.

Each police force should be willing to receive requests for community resolution orders to be ‘expunged’ as part of their ownership as Data Controllers of the PNC. However, this is only done in exceptional circumstances, particularly where a significant amount of time has passed since receiving the community resolution order.

Other information

A ‘community resolution’ resolves a minor offence or anti-social behaviour incident through informal agreement between the parties involved, as opposed to progression through the traditional criminal justice process.

It is primarily aimed at first time offenders where:-

there has been an admission of guilt
the victims views have been taken into account

Community resolution allows police officers to make decisions about how to deal more proportionately with low-level crime.

Conditional caution

This is part of our information section on understanding your criminal record.

Who is it issued by and how can I contact them?

Conditional cautions can only be authorised by the CPS who then grant authority to the police to issue – contact the administering force.

Does it involve guilt?

Yes – you are asked to sign a document confirming your admission to the offence as well as details of the offence, informed consent and the conditions of the caution.

Is it recorded on the Police National Computer (PNC)?

Yes (especially if it relates to a recordable offence).

Is it classed as a conviction?

No.

How long will it be on my record?

Information is retained on the Police National Computer even after it has become spent. In effect the conditional caution is a suspension of prosecution but if conditions are not complied with a prosecution may well go ahead. Also spent cautions can be used in future criminal proceedings as evidence of character.

When does it become spent?

Three months from the date of issue (or when it ceases to have effect, if earlier).

When do I have to declare it?

Conditional cautions now fall under the protection of the Rehabilitation of Offenders Act so you don’t have to disclose unless it is for an occupation which is an exception to the Act, like working with children.

Is it disclosed on DBS checks?

Yes, it is disclosed by both the standard and enhanced checks, unless it is eligible for filtering. It will not be disclosed on a basic check.

We’ve become aware of anomalies in the way the police record conditional cautions on the Police National Computer (they’re recorded as a conviction until the conditions have been satisfied). This means that conditional cautions which would be eligible for filtering still appear on standard and enhanced DBS certificates. The DBS will usually amend the certificate if you raise a query with them. Find further information here.

What guidance is there on fair process?

CPS guidance is quite comprehensive
GOV.UK information on police cautions, warnings and penalty notices for minor crimes.

Do I have the right to appeal and what is the process?

By signing the document which gives your informed consent, you are accepting the caution and so there is no formal appeal route. If you wish to complain about the decision or how the case was handled you need to make a complaint to the Chief Constable or Commissioner of the administering force.

What are the implications for life in the community?

Conditions attached can be reparative, rehabilitative or (in rare cases) punitive – see CPS guidance. It is not a criminal conviction but it does form part of a criminal record so you will sometimes have to disclose when asked by employers, particularly before it is spent. It will not affect your chances of getting a mortgage. You do not need to disclose it to insurers once it’s spent.

Conditional discharge

Who is it issued by and how can I contact them?

Issued by the court – contact the relevant court.

Does it involve guilt?

Yes – it is passed when the court finds you guilty but does not pass a sentence, on the condition that you don’t reoffend within a specified time period. If a crime is committed within that period, you can be re-sentenced for the original offence. You may still have to pay compensation, prosecution costs or be disqualified from driving.

Is it recorded on the Police National Computer (PNC)?

Yes.

Is it classed as a conviction?

No, unless the conditional discharge is breached and you are re-sentenced for the original offence. However for the purposes of filtering, it would be dealt with as a conviction.

How long will it be on my record?

It will remain on the PNC indefinitely and can still be mentioned in future criminal proceedings even after it has become spent.

When does it become spent?

At the end of the order.

When do I have to declare it?

Is it disclosed on DBS checks?

Yes, it is disclosed by both the standard and enhanced checks unless it is eligible for filtering. Once it’s spent, it will not be disclosed on a basic check.

Court fine

Who is it issued by and how can I contact them?

Issued by the court – contact the relevant court.

Does it involve guilt?

Yes.

Is it recorded on the Police National Computer (PNC)?

Yes.

Is it classed as a conviction?

Yes.

How long will it be on my record?

It will remain on the PNC indefinitely and can still be mentioned in future criminal proceedings even after it has become spent.

When does it become spent?

One year after conviction.

When do I have to declare it?

Is it disclosed on DBS checks?

Yes, it will be disclosed by both standard and enhanced checks unless it is eligible for filtering. Once spent, it will not be disclosed on a basic check.

What guidance is there on fair process?

The court decides the amount for the fine based on the offence and your ability to pay, according to guidelines set by the Sentencing Council. Legislation can be found here.

Do I have the right to appeal and what is the process?

The maximum fine allowed in a magistrates’ court is £5000, but fines are unlimited in the Crown Court. If you can’t pay a court fine, contact the court saying why you can’t pay and include proof of your financial circumstances. The amount cannot be reduced by appeal but you can appeal the overall sentence.

What are the implications for life in the community?

You may need to speak to a debt adviser or the Citizens Advice Bureau. If you can’t pay the fine, action might include further court hearings, clamping/selling your car, taking money from your wages or benefits, bailiffs coming to your home to seize possessions.

Detention and training order (under 18)

Who is it issued by and how can I contact them?

This sentence is given by a youth (magistrates’) court or Crown Court. You can contact the relevant court directly but it might be better to talk to your Youth Offending Team.

Does it involve guilt?

Yes.

Is it recorded on the Police National Computer (PNC)?

Yes.

Is it classed as a conviction?

Yes.

How long will it be on my record?

It will remain on the PNC indefinitely and will be used in any future criminal proceedings.

When does it become spent?

Detention and training orders are treated as ‘prison’ sentences for the purposes of the Rehabilitation of Offenders Act.

Details of excluded offences can be found in Schedule 18 of the Sentencing Act 2020.

When do I have to declare it?

Before it is spent you have to declare it, when asked, by employers and financial institutions. According to the Rehabilitation of Offenders Act, after this conviction is spent you don’t have to disclose unless it is for an occupation which is exempt from the Act, like working with children.

Is it disclosed on DBS checks?

The basic disclosure will show only unspent convictions. Standard and enhanced disclosure will disclose a custodial sentence even after it is spent.

What guidance is there on fair process?

This sentence is only available for offenders aged between 12 and 17 and the length of a DTO will be between four months and two years.
Sentencing Council guidelines are here
National Standards for Youth Justice Services can be downloaded here.

Do I have the right to appeal and what is the process?

GOV.UK information on appealing a court decision can be found here.

What are the implications for life in the community?

The second part of the sentence is spent in the community during which you are supervised by the local youth offending team and need to comply with the terms of your contract.