1.1.This Standard Operating Procedure (SOP) has been reviewed in March 2019 and the following changes made:
2.1 This Standard Operating Procedure (SOP) gives operational direction in relation to the circumstances in which community resolutions will be used, how they will be delivered and how to record them.
2.2. Community resolutions provide effective and transparent means for dealing with lower level crime and anti-social incidents, offering an alternative to formal criminal justice proceedings but not to divert if it is appropriate to prosecute. Community resolutions incorporating the use of Community Remedy support the professional judgement of police officers to assess an offence, the wishes of the victim, and the offender's history in order to reach an outcome which best meets the interests of the victim and of the public. The Community Remedy has been introduced by the Anti-social Behaviour, Crime and Policing Act 2014. The act places a duty on The Police and Crime Commissioner to consult with members of the public and community representatives on what punitive, reparative or rehabilitative actions they would consider appropriate to be on the Community Remedy document. The Community Remedy document is a list of actions which the victim may choose from, for the offender to undertake as a consequence of their behaviour or offending. A Community Resolution may be used with both youth and adult offenders.
2.3. Restorative practice is a process that brings known benefits including victim satisfaction, reduction in re-offending and community cohesion. A Community Resolution may be delivered either with or without the use of restorative process techniques, where appropriate. This increases victim inclusivity in the outcome of the offence, and also assists the offender to understand the impact that the offence has on other individuals. Restorative Justice should not be confused with a Community Resolution as Restorative Justice is not an out of court disposal; the two are distinct and separate. Restorative Justice can be used in addition to whatever sentence the offender may have received either at court or by way of an out-of-court disposal. Every effort should be made to allow the Community Resolution to be delivered in a face-to-face restorative manner, Officers will consider who has been affected by the incident or crime in addition to the named victim.
2.4 Community Resolution should also be considered to be used in conjunction with Cautions and Court outcomes. Options for Community remedy are detailed at point 3.9.6.
3.1. Any resolution may be delivered there and then or scheduled for a later time. If the Community Resolution is being used with Restorative Justice (face to face or indirect communication) and cannot be dealt with instantly, or it requires more preparation / risk assessment, this will need to b referred to the Restorative Justice Officer. The decision as to the most appropriate method of delivery will be for the investigating officer and made with consideration to the facts of the incident and the needs.
3.2.1. Community resolutions will not be used for:
3.3. Evidential standard
3.8.1. Authorisation to deliver a community resolution is not normally required. The following criteria will need to be present for the community resolution to be administered without authorisation: