Police abandon prosecutions

Official figures show that thousands of prosecutions for public order, theft, drug, and criminal damage offences have been dropped as police chiefs try to ease pressure on the court system.

 

Figures from the Ministry of Justice show that prosecutions fell 25 per cent in the year to Sept 2020, with police instead choosing to issue community resolutions. In such instances offenders agree to say sorry face to face to those they have wronged and may be ordered to pay compensation or carry out a reparation, but they avoid a criminal record as they are not taken to court and do not receive a police caution.

 

However, at the same time there was controversy over claims of the police being heavy-handed while upholding Covid restrictions, with walkers and picnickers challenged, and even threats of fines for breaching lockdown rules by throwing snowballs. 

 

The MoJ data show out-of-court disposals for crimes involving drugs, robbery, violence, theft and sex assaults rose 11 per cent to 162,000 in the year, largely driven by a 22 per cent increase in community resolutions from 105,000 to 129,000, which is a record high since they were introduced in 2015. 

 

The increase followed an edict from the National Police Chiefs' Council not to pursue criminal charges and instead apply out-of-court measures, which also include cautions, to clear a backlog in the justice system. Outstanding magistrates' court and Crown Court cases rose by over 100,000 during the pandemic to more than 500,000.

 

The National Police Chiefs Council's lead for charging and out of court disposals, Sara Glen, told forces they should review cases and identify those that could be dealt with outside court. She said some should be dealt with by using cautions, where conditions such as curfews could be placed on suspects, while others could be resolved by offenders apologising or paying compensation to victims.

 

A deputy chief constable of Hampshire, Ms Glen wrote in her letter to forces: "We all know the criminal justice system was already stretched before lockdown and social distancing measures were put in place. Whilst it has had an impact on all agencies, the pressure on the ability of HMCTS [HM Courts and Tribunals Service] to ensure courts hear cases is even more profound, and the backlog is going to build. Technology-enabled justice will only assist so far in this regard."

 

The MoJ said that magistrates backlogs had fallen by 50,000 and that more rooms were now open for jury trials than before the pandemic. "At the same time, we are recruiting 20,000 police officers, while investing hundreds of millions to deliver swifter justice and support victims," a spokesman added.

 

But chairman of the Criminal Bar Association, James Mulholland QC, said: "Community resolutions have their place in a functioning criminal justice system alongside but not as an alternative to criminal prosecutions for serious offences – anything less and public faith in law and order begins to crumble."

 

The Bar Council chairman, Derek Sweeting QC, said no one should be "let off", even in the current circumstances. "For some minor offences, the use of out of court disposals can be more effective in reducing reoffending than court disposals; an outcome which is in the public interest. But that can only apply to a limited range of offences," he said. "The public needs to feel confident criminals will be dealt with in a manner that reflects the seriousness of their offence. If cases are kept out of court because the system simply doesn't have the resources to deal with them, that will undermine trust and confidence."

 

 

 

The Johnson Partnership

Derby Crime Solicitors