Out of Court Disposal Scrutiny Panel minutes - March 2023

Disposal: Adult Conditional Caution

Type of case reviewed: Affray

Panel Finding: 2

Documents reviewed: CR53057/22; MO and MG6

Summary

Suspect has been waving a stick in the faces of security staff and has then left the area. Detainee has been involved in an altercation in the street with members of door-staff from a nightclub. He has been refused entry to the club and has then found a mop-handle in a bin and used it to make threats towards the members of door-staff. The suspect is arrested for Affray and interviewed at police station.

Observations

Some members of the panel were initially shocked that the matter was not sent to court. However after discussion it was agreed that a Conditional Caution was the correct outcome. That the offence would have been more suitable to have been resulted as a Drunk and Disorderly. The panel appreciated that the offender provided an interpreter to support him in interview and that the condition was to address his behaviour through learning.

Disposal: Restorative Disposal Level 1

Type of case reviewed: Assault occasioning ABH

Panel Finding: 2

Documents reviewed – CR54607/22; MO and RJ 1

Summary

The victim and suspect are colleagues. The suspect has smashed the victim’s radio with a hammer and in the process damaged the victims mobile. The suspect then punched the victim in the face and grabbed them by the neck, threw the victim to the floor to continue punching him.

Observations

The panel noted that the offender had two previous disposals for like offences, a charge in 2018 and caution in 2019. They felt that an RJ1 may not be a suitable disposal. However due to victim not wishing to attend court a restorative disposal was deemed as possibly adequate. The panel agreed that an RJ2 would have been the most appropriate in order for both victim and offender to discuss the catalyst to the event.  

Disposal: Restorative Disposal Level 1

Type of case reviewed: Common assault and battery

Panel Finding: 2

Documents reviewed – CR54600/22; MO and RJ1

Summary

Suspect has been spitting and shouting at the victim during a disagreement over parking. The harmed and harmer live opposite each other. The harmed has parked on the street outside the harmer’s house and harmer has not liked this and asked the harmed to move. The harmer and harmed have both then got their phones out and filmed each other.

Observations

The panel found the previous history of the offender concerning as the offences were similar in nature; concerned that there was an emerging pattern of behaviour. However due to the victim not wishing to attend court it was deemed the most appropriate disposal be restorative justice, although it was agreed that a RJ2 would have bene the best disposal in an attempt to prevent further issues.

Disposal: Restorative Disposal Level 1

Type of case reviewed: Fear/provocation of violence

Panel Finding: 3

Documents reviewed – CR55015/22 and MO

Summary

Suspect has approached the victim and stated "You're dead you grass", and "I've got two guys coming up".

Observations

The panel had some real concerns over this case. The offender clearly has a long offending history for similar violent offences, most of which have been resulted as insufficient evidence or victim unwilling. This raised questions over the level of investigation and support for those victims. 

The panel were also informed that he had been a suspect for two further offences since being issued with the ABC. That both cases had again been resulted as no further action, and no evidence that the breach of the ABC had even been considered. The panel again felt that this matter would have been better dealt with via the court and a prosecution sought.

PS Mulrooney to review this case and to liaise with local neighbourhood team. 

Disposal: Adult Conditional Caution

Type of case reviewed: Affray

Panel Finding: 1

Documents reviewed – CR56454/22; MO and MG6

Summary

The suspect has been waiting for a taxi and has been highly intoxicated. A verbal altercation has begun between suspect and a few other members of public at the taxi rank. This is due to the other members of the public ‘pushing in’. This has resulted in both parties shouting and a verbal argument beginning. Suspect has been aggressive towards both members of the public and police, shouting on a couple of occasions, to “fuck off”.

Observations

The offender has an offending history but nothing in the past 11 years. The panel were happy with the disposal and liked the fact that the offender would have to pay for the course himself.

Disposal: Restorative Disposal Level 1

Type of case reviewed: Assault occasioning ABH

Panel Finding: 4

Documents reviewed – CR56866/22, MO and RJ1

Summary

The male victim is the neighbour of the male suspects. The victim has attended his neighbours address to tell them they have been seen on his CCTV knocking on his door and then leaving. The victim has returned to his home address. The suspects have then attended the victim’s home address and knocked at the door, when the victim has opened the front door the suspects have attempted to push past him. The victim has prevented this and has been punched in the face causing swelling to his right cheek bone.

Observations

It was deemed that more information was needed to ascertain whether this was the right disposal. It was noted that a conditional caution may have been deemed more suitable depending on the victim’s views however these were not noted. The panel would like to see in future that all options have been discussed with the victim. This would help the panel determine if this had been the most suitable outcome. With the information available RJ1 was suitable but it was highlighted that it did not enable offender and victim to explore the deeper issues that could surround the offence.

Disposal: Restorative Disposal Level 1

Type of case reviewed: Assault occasioning ABH

Panel Finding: 2

Documents reviewed – CR57495/22; MO and RJ1

Summary

The victim works at the crime location. The victim was stood by the door to the female toilets and the suspect has pushed the door in the victim’s face causing a small cut to her inner lip.

Observations

The panel acknowledge that the offender is intoxicated and that the victim didn’t want to take the matter any further; querying whether the door hitting the victims face was intentional or reckless. They deemed that the apology level seemed appropriate and that officers followed the policy but queried whether the policies were correct. A concern was raised that police time was being wasted on such a low level offence when they could have been used elsewhere.  The panel were troubled that they police are forced to work this way, but with the policies as they are the officers attending acted in the correct way.

Disposal: Restorative Disposal Level 1

Type of case reviewed: Put people in fear of violence

Panel Finding: 2

Documents reviewed – CR59021/22; MO and RJ1

Summary

Victim has parked her vehicle in the car park of her local gym on two different occasions, whilst parked there it has been keyed on both occasions along the door panels. The victims reported that the suspect is trying to “friend” her on Instagram today.

Observations

As mentioned in previous cases due to not knowing fully the victim’s views and whether all options were given to the victim, the panel have suggested that a conditional caution may have been more suitable depending on if the victim was willing to attend court. Without aforementioned information the panel determined that an RJ2 would have more appropriate in an attempt to discuss the root cause of offending.

Disposal: Adult Conditional Caution

Type of case reviewed: Common assault & battery

Panel Finding: 1

Documents reviewed – CR61471/22; MO and MG6

Summary

Suspect has punched the victim in the face causing no injuries. Suspect has been shouting with her partner. This has raised the concerns of the locals and two people have come outside to help. The situation has become something of a fight as the two males began pushing and shoving one another. Victim alleges that suspect approached her and struck her to the side of the head causing no injury. Suspect then stated that she would get travellers to come down. She states this was an empty threat and never was intending to carry this out however this has intimidated the victims. Suspect had consumed alcohol.

Observations

Concerns were raised that during the incident the victim was holding a child which raised a query of whether there should have been a harsher disposal, after discussion around lack of injury, offender’s history and mental health it was deemed a suitable disposal. The panel discussed the fact that the condition had to be changed due to the offender not having the funds to pay for an online course, this raised a query as to whether help could be sought to help offenders pay for these courses.

Disposal: Restorative Disposal Level 1

Type of case reviewed: Common Assault & battery

Panel Finding: 1

Documents reviewed – CR61998/22; MO and RJ1

Summary

Suspect was walking along the Honeybourne Line with his guide stick where victim had had parked his council van whilst working on a bench. Suspect walked into victim’s council van several times and said he shouldn’t park there.  Suspect tried to assist suspect and guide him around his van, however suspect pushed through him and both had a little bit of toing and froing.

Observations

The panel decided that an RJ1 was the best outcome for this offence. No comments were made for the officers dealing and the application of policies used in making said decision but again as previously mentioned the panel were disappointed that this took up so much police time.