Independent Out Of Court Scrutiny Panel
Agenda
Tuesday 19th May 2015
10.00– 14.00 hours
Attendees: Superintendent Matt Wratten (Chair), Alexia Featherstonhaugh (Magistrates Association), Fred Ponsonby (Magistrates Association), Anna Marshall (Legal Advisor HMCTs), Ian Jenkins (Ealing Youth Offending Team), Superintendent Marion Sandwell (Youth Justice Board), Amanda Sater (Youth Justice Board), Dov Gerber (Independent Advisory Group), Bindi Athwal (Crown Prosecution Service), Amy Hudspith (BTP Justice Unit), Nadia Connor (BTP Justice Directorate), Nicola Vallins (BTP Community Resolutions Project Lead)
Apologies: Joel Hanna (Sheffield Youth Offending Team), Shelley Greene (Youth Justice Board)
Scrutiny of Case Files:
A total of 21 case files concluded by way of Out of Court Disposal were made available for scrutiny, including one pending Judicial Review. As requested from the previous session, files reviewed centred on all out of court disposal relating to sexual offences, knife crime, community resolutions and PNDs. Files were randomly selected from both B and C Divisions.
Summary of Panel Conclusions:
Division / Ref / Disposal / Offence / Panel DecisionB / AC1 / Adult Simple Caution / Common Assault / Appropriate with Observations
C / CR1 / Youth Community Resolution / Common Assault / Appropriate
C / CR2 / Youth Community Resolution / Trespass on Railway / Appropriate
B / CR3 / Community Resolution / Section 5 / Inappropriate
B / CR4 / Youth Community Resolution / Possession Class B / Appropriate
B / CR5 / Youth Community Resolution / NFA / Affray / Inappropriate
B / CR6 / Community Resolution / Common Assault / Inappropriate
B / CR7 / Community Resolution / Harrassment / Inappropriate
B / KC1 / Youth Conditional Caution / Possession Bladed Article / Appropriate
B / KC2 / Youth Conditional Caution / Possession Bladed Article / Appropriate with Observations
B / SX1 / Adult Conditional Caution / Outraging Public Decency / Inappropriate - no guidance
B / SX2 / Adult Simple Caution / Sexual Assault by Touching / Inappropriate
B / SX3 / Adult Simple Caution / Outraging Public Decency / Inappropriate - no guidance
B / SX4 / Youth Caution / Exposure / Inappropriate
B / SX5 / Adult Simple Caution / Outraging Public Decency / Inappropriate
B / SX6 / Adult Simple Caution / Sexual Assault / Appropriate with Observations
B / SX7 / Adult Conditional Caution / Outraging Public Decency / Voyeurism / Inappropriate - no guidance
B / SX8 / Youth Conditional Caution / Sexual Assault / Appropriate with Observations
B / SX9 / Adult Simple Caution / Outraging Public Decency / Possession Class B / Inappropriate - no guidance
C / PND1 / Penalty Notice for Disorder / Section 5 / Inappropriate - not enough info
B / PND2 / Penalty Notice for Disorder / Possession Cannabis / Appropriate with Observations
Recommendations and Organisational Learning
Robust guidance with clear examples to direct frontline officers as to the appropriate outcome for offences of Outraging Public Decency (OPD) to encourage a move away from Out of Court Disposals for such offences. An update to the gravity matrix of words to include OPD, particularly ‘up-skirting’ and the production of an expected investigation plan for these offences. (See attached document circulated to CPS)
The Community Resolution cases examined to be used within BTPs training rollout as poor examples to illustrate the importance of obtaining a clear admission to the offence, consider the offenders criminal history and recorded appropriate information.
Reminder to be circulated to ensure clear rationales are recorded within PNBs when issuing Penalty Notices and that a copy is submitted to the Justice Department alongside the resultant paperwork.
Reminder to be circulated BTPs Policy regarding Police Disclosure of offences.
All findings and feedback to be disseminated to the Evidence Review Gateway (ERG) to ensure continuous improvement, learning and consistent decision making. An overarching out of court disposals ‘user guide’ is subsequently being developed to assist officers to issue the most appropriate out of court disposal option. This will be shared with the panel prior to the next session for comment.
Next Panel
Cases involving sexual offences and knife crime should heavily feature within the next session. Based on the conclusions of the OPD cases, the Panel would like an update concerning the revised guidance and subsequent OPD out of court disposal case files submitted after guidance circulation.
Community Resolutions should not be reviewed until they have been implemented into BTPs out of court disposal framework.
All youth files reviewed are to be ones post BTPs new Youth Referral Process which commenced January 2015.
Page 1 of 2