What is a community resolution and should I accept one?

If an individual has been accused of a minor offence, following a police interview, they may be discussions about the prospect of a community resolution.  A community resolution is an out of Court disposal.  If there is evidence of a crime, the suspect has been identified, and has admitted their guilt, they could be offered a community resolution as an appropriate disposal. A community resolution will usually include the offender making recompense for their actions, this could involve for example writing an apology letter, or paying for any damage or harm caused by the offending.  As a result it is seen as a form of restorative justice.

Such a disposal is only available for low level offending, and if the crime involves a victim they will be consulted about the use of this method of disposal. The ultimate decision however is taken by the police.  There is no set list of what low level offences would be appropriate to be dealt with by way of a community resolution but facts taken into account when making the decision are the type of offence involved and its circumstances, the offenders previous history, the likely penalty they would receive if convicted, and any risk posed to the public.

These disposals are open to individuals of all ages, including children. You do not have to be a person of good character for this to be appropriate, however any recent previous convictions or cautions would be taken into account when deciding if a community resolution is the most appropriate outcome, and they are most frequently used for first time offenders.

Unlike a conviction or caution a community resolution is not a formal criminal record and should not appear on a standard DBS check.  A record will however be held on a police information system and could be taken into account if there is any further offending.  They could potentially be disclosed on an enhanced DBS check if relevant to the specific application.

If an individual agrees to a community resolution but fails to comply with any required terms the police could still consider alternative disposals.

A community resolution is often a good opportunity for someone who has committed a minor offence to make amends for their actions and take responsibility without having to go to Court or have the matter recorded on a criminal record.  They should only be offered to individuals who accept the offending, and therefore before agreeing to a community resolution an individual should be clear that they do accept the offence.  Before admitting an offence and agreeing to a community resolution an individual may also want to consider whether the police have evidence to prove the offence.  If there is no evidence available, and the offence is not admitted, it may be no further action could be taken against the suspect in any event.

We would always advise that individuals are represented by a solicitor during any police interview and seek legal advice prior to accepting any a community resolution.