VIOLENT criminals are among those who escaped prosecution after Cheshire Police dealt with hundreds of crimes in six months through community resolutions.
Ministry of Justice data shows crimes including weapons possession, burglary, drugs trafficking and assault were handled informally and not taken to court by Cheshire Police.
Between April and September last year, the force used community resolutions to resolve 228 investigations, including 82 violent crimes and eight weapons-related crimes.
They do not appear on criminal records, are not convictions and would not be disclosed to employers carrying out basic DBS background checks.
Designed to tackle low level offending, they can only be used where offenders admit guilt, with their use for serious crimes risking 'undermining public faith in the criminal justice system' according to the Criminal Bar Association.
Chairman James Mulholland QC says the disposals 'have their place in a functioning justice system' but should not be used as an alternative to prosecutions for serious offences that 'would invariably end up in the Crown Court if prosecuted'.
He added: "Anything less and faith in law and order begins to crumble."
For a community resolution to be used, offenders must confess and agree to make amends for their crime, while victim consent should be sought.
In all but the most exceptional of circumstances, police cannot enforce any agreements between victim and offender.
The Ministry of Justice says police forces are expected to enforce the law, adding that community resolutions should only be used by police for low-level or first-time offending, and made with the victim's explicit agreement.
Supt Simon Parsonage, who is in charge of criminal justice and custody at Cheshire Police, said: “Community resolution, along with the rights under the Code of Practice for Victims of Crime, offers an effective solution to address the root cause of offending behaviour whilst ensuring the needs of the victim and the community are considered.
“Where there is a victim, they are consulted to take an active role in the decision making process and outcome, whilst offenders are encouraged to take responsibility for their actions.
“The use of community resolution is generally for first time offending and must be authorised by a sergeant or an inspector. The facts and circumstances of each case are considered fully in identifying the most suitable outcome.
“The circumstances of any given offence can be varied, as can the age and profile of a suspect and victim. All factors are fully considered, and cost is not a factor in the decision making.
“Our policy at Cheshire Constabulary follows the national guidelines on the disclosure of out of court disposals. Under normal circumstances, the constabulary will not disclose this information. However, chief officers reserve the right to include such disposals in approved information which is deemed relevant and should be disclosed for the protection of children/vulnerable adults.
“The constabulary has a robust review process with an independent panel. This includes magistrates, who sit regularly to scrutinise our out of court disposal outcome decisions.”
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