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DEPEND sits within the Criminal Justice Department. It's is a new Out Of Court Disposal scheme consisting of two disposals for adults in Gloucestershire. There will no longer be the option to use PND’s, Cannabis Warnings or Simple Cautions.
These will be the only options available to use for adults when an offence is appropriate to be dealt with outside of the realms of the court.
Where officers identify a case which is suitable for a Conditional Caution, they will be able to refer them to the DEPEND team.
The offender has to engage with DEPEND and complete a bespoke program designed to help prevent them from re-offending and address any issues that would impact on the likelihood of future offending.
The victim will be consulted as part of this decision making. Victims are at the heart of decision making, they will be listened to and will be informed of what action is taken and they will have their views recorded.
Community Resolution is an Out Of Court Disposal used throughout England and Wales since 2013. It is a victim-centred outcome, allowing the victim to be part of the decision making process and be involved in the resolution of the crime. A condition must always be attached and can range from an apology, paying for damaging or loss, completing an online course.
RJ Level 1 involves the offender accepting responsibility for the crime. Engaging on a voluntary basis that acknowledges the harm caused such as reparation, paying for repair for something they have damaged, or letter of apology.
This enables the person who has offended to understand the impact of their crime, as well as providing an opportunity for the victim to have a say in the nature of the outcome.
Restorative Justice Level 2 outcomes are undertaken by the Restorative Gloucestershire team, all of whom are trained Restorative practitioners who are equipped to undertake Restorative Justice interventions where the nature of the offence requires additional preparation time to ensure the intervention is carried out safely without risk of further harm, either due to the nature of the offence, or the particular needs of the participants.
As with RJ Level 1 interventions, RJ Level 2 work is victim–centred, providing victims with a voice, exploring their individual needs and how they might be met through facilitated communication with the person who has harmed them.
The person who has committed the offence benefits from understanding the impact of their behaviour, having the opportunity to offer explanation and sometimes reparation, in order to make amends and inform future choices.
A Conditional Caution is a caution with conditions attached, which should be
rehabilitative and/or reparative, the offender must have admitted the offence.
They must be willing to comply with the conditions within a specified time frame (usually 16 weeks) and this should only be dispensed if it is considered
appropriate to modify offending behaviours or make reparation for harm
caused.
Rehabilitative conditions can include attendance at a treatment course or
referral to engage with an organisation.
Reparative conditions can include apologising to the victim, paying
compensation and repairing any damage caused. The conditions must always
be appropriate, proportionate and achievable. If not complied with, the case
will be sent back to the OIC for escalation to a court appearance. Conditions
are again, discussed with the victim and like the Community Resolution,
diversionary activities/interventions should be considered as part of this.
The DEPEND worker will meet the offender, to assess their needs and form
an achievable structured plan for that individual to follow and comply with.
A similar model has been implemented in varied forms across a number of
forces; for example Devon and Cornwall, Durham, West Midlands and Avon
and Somerset.
We will strive to achieve similar results through the DEPEND delivery model
in Gloucestershire. In addition to this where criminal behaviour affects not just
the community but households and the dependants within those households,
we hope to achieve reduced risks and reduced adverse experiences to all.
A key element to these models is the intervention pathways made available
to use as the conditions, with these interventions seeking to address the
offending behaviour through education, reduced harm and ultimately reduced
demand on the criminal justice system.
If you have any questions, concerns, or queries, please email us.