Lucinda Dore Solicitors have been representing clients during Police investigations for over 22 years, and we will always try to persuade the police not to take criminal action against clients in certain low-level offences.
We recently achieved a Community Resolution for a client who was under investigation by the Police, and our client couldn’t be happier. Our experience shows that seeking legal advice at the earliest opportunity and having experienced and proactive representation often achieves the best outcome.
What is a Community Resolution?
A Community Resolution is an alternative way of dealing with less serious crimes and incidents. It resolves a minor offence or anti-social behaviour incident through informal agreement between the parties involved, as opposed to progression through the traditional criminal justice system. It is primarily aimed at first time offenders.
Who is it issued by?
It is issued by the Police, and it allows officers to use their professional judgement when dealing with offenders.
What offences can be considered for a community resolution?
It can be used for offences such as low-level public order, criminal damage, theft, and minor assaults, where the victim has agreed that they do not want the police to take formal action.
Does it involve guilt? What does the process involve?
Yes, you have to make a clear and reliable admission.
A community resolution is a method of restorative justice. The police will take into consideration the admission of guilt and the victims’ views during the investigation.
The use of Community Resolution will enable victims to have quick resolutions and closure to their crime, offenders will receive speedy justice and there will be reduced bureaucracy for police officers. Examples of a Community resolution could include a simple apology, an offer of compensation or a promise to clear up any graffiti or criminal damage.
Do I have the right to appeal and what is the process?
There is no formal process for rescinding a community resolution order once it has been administered. If you wish to complain about the decision or how the case was handled, you need to make a complaint to the Chief Constable or Commissioner of the administering force.
Will a community resolution appear on a DBS/Criminal Record check?
This will depend on the level of DBS check and role being applied for.
Community Resolutions do not appear on basic or standard Disclosure/Criminal record checks (As these checks only show spent/unspent criminal convictions or cautions). They are however recorded on police information systems and can be accessed for intelligence purposes. A previous Community Resolution will be taken into consideration by the police if further offences are committed (it is highly unlikely that a community resolution will be offered twice).
An enhanced DBS/Criminal record check reveals the same as a basic/standard disclosure check plus any information held by the police that may be relevant to the role so it may be appear in this section of a DBS/Criminal record check (for example a person applying for a teaching role working with young children who received a community resolution for an assault on a child may find that this information is deemed as relevant to the role).
Solicitor police investigation solicitors
If you are facing a criminal investigation, it is vital to obtain specialist legal advice right away. Lucinda Dore Police investigation specialist Solicitors are ready to assist.
Email Lucinda Dore Solicitors for Criminal Law advice today firstname.lastname@example.org