SOMETIMES diverting offenders away from court can be a more effective way of tackling certain types of offending, such as minor assaults, public order and criminal damage than prosecuting them.
Used appropriately, 'Out of Court disposals' as they are known, can gain reparation for victims, help to rehabilitate offenders and ensure that CPS resources are freed up for more serious and complicated cases.
The CPS will always consider alternatives to prosecution for low level, low risk crime, often involving first time offenders. Under the Code for Crown Prosecutors, the CPS must apply two tests to every case: Is there sufficient evidence for there to be a realistic prospect of conviction?; Is it in the public interest to prosecute? Sometimes it may well not be in the public interest to charge and a caution, or reprimand in youth cases, may be more appropriate.
Diversion from prosecution can occur in a number of ways:
Community Oriented Policing: Under Gloucestershire's Community Oriented Policing (COP) initiative, officers can use their professional judgement to decide whether to arrest an offender or impose an 'on-the-spot' punishment which takes into account the needs of the victim. Sanctions imposed must be fair and proportionate to the offence.
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