Out-of-court Review

I am thrilled to read that Jack Straw is going to review the use of out-of-court disposals.

The Justice Secretary quite agrees that it needs looking into that people are being cautioned, ticketed or warned for over half of all violent crime. Never mind the fact that it was this government who implemented Speedy Summary Somethingorother Justice earlier this year, along with a vast range of out-of-court disposals introduced over the last five years with the aim being to unclog our weary court system.

I seem to remember that a few people pointed out that maybe criminals should go to court when they commit crimes, and that they might not pay their fines or listen to warnings, and that the victims might not feel justice had been done. But now Jack Straw has pointed this out it turns out he was actually the first person to realise it.

I'm ambivalent about cautions themselves though. In order to caution someone in Blandmore you have to show:

• the offender admits the crime
• the crime is of a certain standard appropriate to caution
• the offender has no cautions in the last few years for that type of offence.
  

Occasionally a victim wants an offender "done" in court when it was a low-level misdemeanour and they have never been in trouble before. Most people would say that everyone deserves at least one chance, and so the police sometimes issue cautions without the victim's support.

But the most common use of the caution is when the victim has made a complaint and then refuses to follow it through by attending court or providing a written statement. They might have very good reasons why they don't support proceedings. Or not. Either way, it is rare to consider it worth prosecuting someone if the victim will not attend court, as it seems like adding insult to injury that they have first been subject to a crime and then forced to go to court against their will. Hence if the offender admits the crime, a caution may be offered. Which is how you end up with cautions being issued for GBH, sexual assault and rape.

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