Out of Court Disposal Scrutiny Panel minutes - June 2024

Disposal: Community Resolution

Type of case reviewed: Threaten a person with an offensive weapon/bladed article/corrosive substance in a private place.

Condition: Verbal apology

Panel Finding: 1

Documents reviewed: Crime report CR/0040865/23, MG06, PNC, MO, STORM log, Community Resolution.

Summary

The victim is a court enforcement officer who has attended the crime location to serve a debt on the suspect. The suspect has made threats towards the victim whilst carrying 2 kitchen knives.

Observations

Community resolution has been issued for common assault. Bailiff has entered the property lawfully to collect a debt on behalf of the high court.

The female occupant suffers from bi-polar and appeared to be extremely scared believing that the bailiff was breaking in.

The panel agreed that this was the right outcome and police had followed the right procedure. Questions were raised regarding the wider issues of mental health and what support is on offer to someone who is having a mental health episode.

The condition of the community resolution was set to make an apology to the victim. The panel asked whether a condition could have been set to have contact with mental health services. It was explained that mental health services are unable to provide this service. Panel would like to see more mental health support.

Disposal: Adult Conditional Caution

Type of case reviewed: Threaten a person with an offensive weapon in a public place

Condition: Apology letter

Panel Finding: 1

Documents reviewed: Crime report CR/0047678/23, MO, PNC, MG5, MG6, MG14, STORM log, photo-sl-01, linked crime report CR/0047677/23

Summary

Officers have attended a welfare check. The suspect who is a neighbour has grabbed a hammer and was holding it to get the police attention. The officers pava'd the suspect and arrested him. One of the officers drew his pava as he feared for his safety.

Observations

Conditional caution issued for an offence of threats to cause criminal damage, rather than possession of an offensive weapon. There appears to be no evidence to suggest that a threat was being made towards an officer.

The offender felt frustrated that he was not being listened too, so made threats to cause damage to the police vehicle. Offender was diagnosed in 2022 with ADHD and PTSD which may have been likely to have an impact on his decision making.

The panel agreed that this was the right outcome. Some panel members questioned if the use of pava was extreme, acting inspector mulrooney explained that pava is the lowest use of force and has no long-lasting effects, as opposed to using an ASP.

A question was raised as to why this person was seen by the courts in 2022 for another offence and why a conditional caution was issued this time. It was again explained that out of court resolutions are now used more widely than they were two years ago, and nationally they are seen as a preferred option to court.

Disposal: Conditional Caution

Type of case reviewed: Possess with intent to supply a controlled drug of class A cocaine.

Condition: Online course with the intervention hub.

Panel Finding: 1

Documents reviewed: Crime report CR/0052906/23, PNC, MO, photo of exhibit hjmf-01_, MG5, MG6, MG14, STORM log

Summary

The suspect was identified by a member of the public who informed police that while outside a pub the suspect had tried to sell her drugs. Police conducted a Section 23 search and an amount of suspected class a drugs were located. Suspect was then arrested.

Observations

Conditional caution issued for possession of a class A drug - cocaine.

Unknown member of the public outside a night club has informed a police officer (mounted unit) that they had been offered drugs by a group of males. The offender and a second male were stopped and searched and the offender was found in possession of a single bag of cocaine.

Arrested for possession with intent to supply (PWITS), however no details known or statement obtained from witness, and no other evidence to support the PWITS element. Offender interviewed and admitted simple possession. Inspector’s authority given.

The panel agreed that this was the right outcome. However, they questioned why no witness details (name and address) were obtained. As there were no victim/witness details on the file the original offence could not be proven, only possession of class A. Due to previous offending history and lack of any further evidence, the panel were in agreement that this was the right outcome for this offence.

Disposal: Adult Conditional Caution

Type of case reviewed: Assault a girl under 13 by touching - Sexual Offences Act 2003

Condition: Letter of apology and via three sessions

Panel Finding: 1

Documents reviewed: Crime report CR/0054602/23, MG06, MG14, PNC, STORM log, MO

Summary

Male suspect has approached the caller in the high street. He said hello to her young daughter in the pushchair and then gave the young female child a kiss on the cheek. This shocked the mum so she did not challenge the male at the time.

Observations

This was reported as a sexual assault on a three-year-old child. Extensive enquires were conducted including CCTV to identify and arrest the suspect. The offender provided some mitigation that he has a daughter of a similar age but has not seen her for some time due to splitting up with her mother. This information was checked to ensure it is a true account.

The offender denied doing this to obtain any sexual gratification. Victim’s parents were consulted and, after being made aware of all the facts, have stated that they did not want this matter to go to court.

This case was reviewed by Detective Inspector Thompson and it was decided that a conditional caution for common assault with a condition to engage with drug and alcohol services would be the most appropriate disposal.

This offence was assault a girl under 13 by touching. After looking into this offence and, from speaking with the offender, it is believed that there was no sexual gratification to this offence. The panel were pleased that they were provided with the back story to this offence, which at first appeared more serious. The panel were glad to see that this offence was victim family focused and that their thoughts and feelings were considered. The Panel believed that this offence was fuelled by alcohol and the suspect missing his own daughter who was around the same age and whom he had not seen for a number of months.

The panel were pleased to hear that the suspect has almost completed his sessions with VIA (Gloucestershire’s drug and alcohol service) and also that the apology letter was written. A panel member did have concerns due to english not being the suspect’s first language whether he received any help or support writing the apology letter.

Panel agreed that common assault was the correct outcome.

Disposal: Community Resolution

Type of case reviewed: Use threatening abusive/insulting words/behaviour with intent/likely to stir up racial hatred

Condition: Verbal apology

Panel Finding: 4

Documents reviewed: Crime report CR/0056412/23, Community Resolution, MO, PNC, STORM log linked crime report CR/0056414/23

Summary

The suspect has called the victim a 'ch*nk' numerous times.

Observations

This offence has been resulted as a racially aggravated Section 5 p/o. Offender has fully admitted the offence and shown remorse. Victim has been happy with the community resolution. Hate crime – inspector’s authority obtained.

Both Police Sergeant Muir and Inspector Fidoe had reviewed the crime and were happy with the outcome.

During a verbal argument the suspect used a racist comment in referring to the victim. The comment was not repeated.

The suspect does not have relevant previous offending and is remorseful for having made the comment. The victim requests simply an apology.

Community Resolution addresses the unacceptable nature of the language used, while acknowledging victim's wishes and suspect's admission of the offence and lack of offending history.

Panel questioned the quality of this case/file. Some panel members felt there was not enough in the file to make an informed decision on this case. The victim wanted an apology and appeared to be happy with the outcome. Parts of the file seemed to contradict what was written; looking into this case further it seemed that there were two people responsible for this offence.

Disposal: Adult Conditional Caution

Type of case reviewed: Breach of Sexual Harm Prevention Order (SHPO)

Condition: Required to go through the conditions of his SHPO

Panel Finding: 3

Documents reviewed: CR/0003570/24, MO, MG14, MG06, PNC

Summary

Suspect is a registered sex offender with a SHPO. One of the conditions of his SHPO is to not delete internet history. During a home visit it was discovered that he had factory reset his motorola mobile phone.

Observations

This offence has been resulted as a conditional caution by a specialist department. It is believe that a simple caution would previously been used. The offender admitted to the actions with an appropriate level of remorse. He was happy to support police to resolve the matter. Did not appear proportionate to send it to court.

The panel were unanimous that this was the wrong outcome for this case/file. All panel members agreed that, as this was a court order, it should have gone back to court for the court to decide an outcome. What had the suspect deleted off the phone and why? Putting a phone back to a factory reset is not a straightforward task.

Disposal: Community Resolution

Type of case reviewed: Stalking without fear/alarm/distress

Condition: Not to contact the victim, which was passed on by police

Panel Finding: 1

Documents reviewed: Crime report CR/0004015/24, Community Resolution, PNC, MO, STORM log

Summary

Suspect is the mother of the victim. Victim has messaged the suspect on numerous occasions saying she wants no contact from her. Suspect has continued to make unwanted calls to the victim, some being early hours of the morning. Suspect has slammed the victims front door, got in her face shouting and screaming abuse at her, calling victim a slut. Harassment has got worse when victim told suspect that she wont be going to her wedding. On 04/02/24 (incident 427) further report from victim stating that the suspect has made contact at least twice in the last few day over WhatsApp and using other people’s phones making threats to take the victim to court re her child.

Observations

This has been reported as stalking without violence, but appears to be a relatively low level harassment without violence which has been resulted as a community resolution.

This appears to be an offence of harassment without violence between mother and daughter. Parties are estranged and the mother has been prevented from seeing her grandchild. This has escalated as mother has not been invited to daughter’s wedding. This has been dealt with in an appropriate way with an inspector’s authority due to it being a non-intimate domestic abuse case.

Most of the panel agreed that this was the correct outcome; a Restorative Justice referral would have been a suitable condition for this offence.

It was questioned whether the offender understood the community resolution. A panel member was concerned that a community resolution would not stop the mother from continuing her behaviour.

The outcome was victim focused. The victim was happy with the condition given by police.

Disposal: Community Resolution

Type of case reviewed: Assault a girl under 13 by touching. Sexual Offences Act 2003.

Condition: Other - suspect to walk the other way if she sees the victim again and must not approach her.

Panel Finding: 3

Documents reviewed: Crime report CR/0004853/24, MO, STORM log, Community Resolution, PNC.

Summary

The victim - a ten-year-old female - was outside the location (a chip shop) waiting for her mum, when she was approached from behind by the suspect, a local female known to be an alcoholic, the suspect hugged her and then asked the victim her name and who her mum was. As well as asking about siblings, the victim advised that the suspect smelt strongly of alcohol, the suspect asked the victim not to tell anyone that she was there which the victim agreed, the victim then went to leave, the suspect told the victim her name, that it was nice to have met her and offered her hand to shake, the suspect also kissed the victim on her neck.

Observations

This is recorded as a sexual assault, however it appears that the offender is an alcoholic and was under the influence of alcohol. There is no evidence to suggest that the offender did this for sexual gratification. The community resolution was authorised by an inspector.

The panel were in agreement that this was the wrong outcome for this offence; this case/file should have been a conditional caution for common assault. Some panel members questioned what the difference was between this case, and case four above.

Disposal: Adult Conditional Caution

Type of case reviewed: Possess with intent to supply a controlled drug of class A - other

Condition: Complete 3 sessions with VIA

Panel Finding: 1

Documents reviewed: Crime report CR/0006823/24, MG06, MG14, PNC, MO, STORM log.

Summary

Officers have arrived at Shab Hill, Gloucestershire and smelled cannabis. Three males have been spotted by the officers at the front of a blue Ford Focus, facing the hill. The officers suspected there to be a joint of cannabis. All three males have been detained for a search along with the vehicle. A rucksack was found in the vehicle. Inside the rucksack was found a number of small clickseal bags containing white powder, weighing scales, 2 grinders and a small amount of cannabis. Suspect was arrested.

Observations

This was recorded as class A – other. However, it was resulted as a conditional caution for 2 x possession of a class B drug (cannabis and ketamine). There is little evidence to support a PWITS and it would not be proportionate to conduct a potentially protracted and expensive investigation.

It was felt that, due to the lack of previous offending history and admittance of simple possession, that the disposal is correct. Conditional caution has been issued rather than a community resolution which could also have been considered.

The panel were in agreement that this was the right outcome for this offence. A couple of panel members were concerned that weighing scales were found with the suspect.

Disposal: Community Resolution

Type of case reviewed: Assault a person thereby occasioning them actual bodily harm

Condition: Verbal apology

Panel Finding: 1

Documents reviewed – Crime report CR/0011107/24, MG6, KR01-03 - injury photo, Community Resolution, PNC, MO, STORM log.

Summary

Complainer has been with victim and the victim’s father (suspect) grabbed him and started to strangle him. Suspect said "you’re next" to the complainer and she fled the address and called 999.

Observations

This has been recorded as an ABH and non-fatal strangulation. This has been resulted as a Community Resolution for an assault by beating.

This is a domestic abuse assault by father on son. Father has become angry with his son after he registered a vehicle at his neighbour’s address. He grabbed him by the neck and dragged him back into the room causing a small bruise to his neck.

This has been recorded as an ABH and non-fatal strangulation. There is no evidence of strangulation, and charging standards for this offence would be assault by beating rather than ABH.

Di Harding authorised this domestic abuse offence and added her rationale to an MG6.

Smart app has again been added to the crime prior to being supervised; minimum entry by Detective Sergeant Finch:

Low level domestic abuse assault between suspect and adult son, causing no injury. Offence fully admitted. Officer in Case went to Di Harding who authorised Community Resolution. No previous like offending.

The panel were in agreement that this was the right outcome for this offence. A number of the panel questioned whether the photos showed any injury at all.

A panel member stated they were struggling to follow as not clear who reported and if they were present when the assault occurred.