Press Release

Out of court disposals: Inappropriately used says Law Society

9 November 2009

Commenting on reports of recent remarks by both the Director of Public Prosecutions and the Commissioner of the Metropolitan Police on 'out of court disposals', Law Society Chief Executive, Des Hudson, said:

"I welcome the recent comments of both Keir Starmer QC and Sir Paul Stephenson, concerned about the rise in recent years of out of court disposals, where criminal matters are increasingly being dealt with by fixed penalty fines or police cautions. There have been some recent examples of serious crimes being dealt with in a totally inappropriate way by these methods.

While such disposals may have a role in dealing with very simple offences, such as in relation to traffic and parking, they are not appropriate for theft and disorder that could be of a more serious and violent type. There is also a place in the system for the use of simple police cautions and conditional cautions, but there is now considerable concern, highlighted by the DPP, that there may be many and growing examples of inappropriate use here too.

We also need to consider the possibility that otherwise innocent people may be tempted to accept such disposals in order to avoid the stress of a full criminal trial. It is a vital part of the 'rule of law' that people should not be encouraged by the system to accept liability when they are in fact innocent and - conversely - that serious offenders against the person and property should not be allowed to escape the full force of the criminal law through a full trial process."