ACS

Further details have been released by the Ministry of Justice about the review in to out of court penalties, announced in November. The review was proposed after many reports of misuse, and concerns were raised by the Director for Public Prosecutions Keir Starmer QC and ACPO of inappropriate use.

The report will cover five main themes the most important of these are whether police forces and the Crown Prosecution Services are using the penalties appropriately and not for serious and persistent offenders, if the penalties are effective in reducing re-offending and if they are complied by offenders.

The review will be led by the Office for Criminal Justice Reform and include the assessment of fixed penalty notices, penalty notices for disorder, simple and conditional cautions. Ministers will make a statement to Parliament in March 2010 on the initial findings of the review.

Justice Secretary, Jack Straw, said: “Out-of-court disposals were introduced principally to address where no effective action was being taken, rather than as an alternative to court. However, I have been increasingly concerned about some of the reports of what seem to me to be inappropriate use of out-of-court disposals. These disposals are intended for dealing with antisocial behaviour and low-level offending that would previously have gone unpunished and not for serious, persistent or violent offenders who should always be brought before a court.”