The Centre for Justice Innovation’s Leaflet on Out of Court Resolutions
The Centre for Justice Innovation (CJI) has developed a leaflet designed to help children and young people (and their families) to understand Out of Court Resolutions (OOCRs) at a glance.
Details
In line with the Mayor of London Office for Policing and Crime (MOPAC) and CJI guidance, the leaflet defines OOCRs as (1) community resolution; (2) youth caution and (3) youth conditional caution (as distinct from the diversion options of NFA and outcomes 21/22).
It provides a helpful table, indicating what a child has to do in order to be eligible for each OOCR (namely accept responsibility or admit guilt respectively) and what happens in relation to each, once accepted by the child. The table enables a child or young person to understand whether they will be subject to interventions, have to work with or be assessed by the youth justice service and whether any breaches could result in the case ending up in court (this is only the case in respect of youth conditional cautions).
Commentary
This easy-to-understand graphic leaflet is a helpful overview of OOCRs aimed at children and young people and their families. It should enable them to understand and evaluate, at least at a basic level, the out-of-court options that the police and the prosecution have when dealing with their case and the implications of each.
Given the MOPAC and CJI guidance on OOCRs identified a lack of understanding and awareness as one of the barriers to OOCRs being successfully issued (part 6 at page 19), it is positive to see simple steps being taken to address this and give more agency to young people when making decisions about their futures. It is vital that agencies and legal representatives are able to further advise the child in relation to the specifics, including the benefits, alternatives, impact on their record, etc., however the leaflet provides a comprehensive summary that helpfully lays the groundwork.
Written by
Violet Smart, Doughty Street Chambers