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What is a Community Resolution Order?

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Community resolution orders are an increasingly common method for the police to handle low-level offending. They offer an alternative to traditional criminal proceedings and allow the police to deal with certain offences in an ‘informal’ way.

While community resolutions may offer less serious penalties than criminal proceedings, it is still important to understand exactly what they involve and the sort of impact they may have on your life if you are to accept one.

Here, we discuss what community resolution orders are, when they may be handed out, the future impact they may have and whether or not it would be in your best interests to accept one.

How does a community resolution order work?

If you accept a community resolution that is offered by the police, you will not be prosecuted for an offence you have allegedly committed and will therefore not need to attend court.

Community resolution orders are aimed at first-time offenders, but only for low-level offences that are isolated and where the police consider it unlikely the offender will commit an offence again.

As with police cautions or Fixed Penalty notices, community resolutions are out of court disposals. While the exact terms of the community resolution order will vary depending on the circumstances surrounding the alleged offence, they may require an offender to take certain actions, such as:

  • Apologising to the victim
  • Providing compensation to the victim
  • Cleaning or rectifying any criminal damage

Are there different types of community resolution orders?

There are a number of different types of community resolution orders which may be considered suitable, depending on the nature of the offence. They will also take into account what the victim thinks is acceptable under the Code of Practice for Victims of Crime (the Victims’ Code).

Types of community resolution orders will include:

Rehabilitation

If an offence was committed due to certain factors in an individual’s life, such as problems with addiction, substance abuse or ill health, an officer may see fit to offer an intervention through partner agencies to help address the issue.

Reparation

A community resolution order could include direct reparations which are made out to the victim of the crime, or indirect reparations which are made out to the wider community (such as voluntary service).

Warning

The offender could simply receive a warning which informs them of the impact their crime has had on the victim or community. An Acceptable Behaviour Contract (ABC) needs to be signed when a warning is handed out.

Restorative Justice meeting

A Restorative Justice meeting is arranged by the police and sees the offender meet with the victim to discuss the consequences of the crime and the impact it had. The offender is required to attend and actively engage with the meeting.

Victim awareness course

It may be necessary for an offender to attend a victim awareness course if they are considered to be downplaying the impact of their behaviour. The aim of these courses is to allow the offender to better understand the harm their behaviour has caused.

Is a community resolution order serious?

Although community resolution orders are only handed out for low level offences, and act as an alternative to formal criminal justice sanctions, they are still serious. They offer offenders a second chance to make amends for their actions.

An offender should not receive more than two community resolutions. If any other offences are committed, criminal proceedings will be launched – even if a subsequent offence is still ‘low level’.

When can I be offered a community resolution order?

You can only be offered a community resolution under certain circumstances:

  • The offence must be low level
  • You must accept that you have committed the offence and agree to engage in some form of reparation
  • The police must consider the incident to be isolated
  • You must not have received two prior community resolution orders

What types of offences can community resolutions be offered for?

Difference police forces will apply different policies when offering community resolutions. The types of offences that community resolutions can be offered for may include:

  • Possession of drugs (class A, B or C)
  • Common assault
  • Drunk and disorderly
  • Theft
  • Low level public order offences
  • Criminal damage under £5,000

This is by no means a comprehensive list of offences and the final decision will ultimately depend on the judgement of the police.

Does a community resolution order show on a criminal record?

As a police community resolution is not a criminal caution or conviction, they do not constitute a criminal record and are not recorded on the Police National Computer.

However, it is important to note that community resolution orders are recorded on police information systems and can be accessed for intelligence purposes. Previous community resolutions will also be taken into consideration if any further offences are committed.

Does a community resolution order show on a disclosure and barring service (DBS) check?

Community resolutions are not disclosed as a part of a standard DBS check. However, they may be disclosed as part of an enhanced check for certain offences in the ‘relevant information’ section. This is if the offence has a bearing on the type of work you are applying for.

Is a community resolution order an admission of guilt?

To receive a community resolution order, you must accept that you have committed an offence. This means that they can act as an admission of guilt.

Does the victim have to agree to a community resolution order?

The views of the victim will usually be sought before you are offered a community resolution order. Their views will be taken into consideration, but they will not be the determining factor in deciding what the community resolution will involve.

A community resolution may be seen as the most appropriate way of dealing with an offence even if it is not supported by the victim.

Can you refuse a community resolution order?

It is possible to refuse a community resolution order, but this will usually mean that criminal proceedings will be launched. These carry a risk of more serious penalties and a criminal record.

If you admit to an offence and are issued with a community resolution, you must comply with its terms. Breach of a community resolution order could result in criminal proceedings being brought against you.

Can a community resolution order be removed?

If you do not agree with a community resolution order decision, you may be able to complain to the Chief Constable or Commissioner of the administering force. You should be aware that community resolutions will only be overturned in exceptional circumstances.

Should I accept a community resolution order?

The decision to accept or refuse a community order is a very important one and should only be taken after expert legal advice and support.

While a community order will lead to much less serious penalties and will not result in a criminal record, they are treated as an admission of guilt. As mentioned, they may also show up on enhanced DBS checks, which could jeopardise any future career ambitions.

At JD Spicer Zeb, our criminal defence solicitors have substantial expertise on a wide range of issues, including community resolution orders. When instructed, our criminal law solicitors can help you to better understand your position, your legal rights and what actions would be in your best interests.

If criminal proceedings are launched following your refusal to accept a community resolution, our team can provide robust support and representation, which can make all the difference when it comes to avoiding charges, or reducing a sentence where conviction is unavoidable.

Our team have over 45 years of specialist criminal defence expertise and are Law Society accredited in Criminal Litigation. This means we are perfectly positioned to provide robust representation and empathetic support, no matter what your circumstances may be.

Speak to our criminal lawyers today

For urgent specialist advice about community resolution orders, immediate representation, or to speak to us confidentially about a potential criminal charge or prosecution, please do not hesitate to get in touch.

You can contact our specialist criminal defence lawyers in London, Birmingham and Manchester by telephone on:

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you quickly.

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