Alternatives to prosecution in criminal jurisprudence.pptx

It is the alternative to prosecution in UK

1. Alternatives to Prosecution A diversionary disposal is an alternative to a prosecution and diverts an accused person away from the formal court process. They are designed to be a proportionate response to low level crime. In summary, the purpose of PPS diversionary disposals is: To deal with less serious offences and the offender quickly and simply; To reduce the risk of re-offending; To engage the offender in a restorative process with the victim and community; To reduce to a minimum the offender’s involvement with the criminal justice system; To enable victims to express their views; and To enable early intervention in respect of young offenders.

2. Caution This is a formal reprimand by police and although not a conviction. In the case of an adult, it is recorded on a person’s criminal record for a period of six years. Cautions for youth offenders are referred to as “restorative cautions” and can provide an opportunity for the offender to meet the victim and affected members of the community. Restorative cautions are recorded on the young person’s criminal record for a period of two years.

3. Informed warning This is a formal reprimand by police, and although not a conviction, will be recorded on a person’s criminal record for a period of one year.

4. Diversionary youth conference This is a restorative conference which seeks to encourage young people to recognise the effects of their crime and to take responsibility for their actions by actively engaging with the victim, offender and community. Although not a conviction, this disposal is recorded on a youth’s criminal record for a period of two years.

5. Community based restorative justice This is a restorative scheme tailored to the circumstances of the offence and offender that is provided by a government accredited community-based provider. A reference to such a scheme can only be made with the consent of both the offender and, where there is one, the victim. Such a disposal will be recorded on the individual’s criminal record for a period of two years in the case of a young person, and six years in the case of an adult.

6. National Driver Alertness Course An invitation to attend this scheme can be directed as an alternative to a prosecution for careless or inconsiderate driving, provided that the driving in question did not result in serious injury or death and no other offences were committed at the same time. Completion of the course avoids payment of a fine and the endorsement of penalty points on a driving licence .

7. Immediate Telephone Caution Scheme This scheme applies to both adults and youths and allows for decisions in relation to cautions, informed warnings and attendance at the National Driver Alertness Course to be issued, in certain circumstances, following a consultation by telephone between the prosecutor and police. In some cases police can decide that the offending is suitable to be dealt with by way of a police disposal, without the submission of a file to the PPS.