Exercising Discretion: The Gateway to Justice A Study by Her Majesty's Inspectorate of Constabulary and Her Majesty's Crown Prosecution Service Inspectorate on Cautions, Penalty Notices for Disorder and Restorative Justice

Date of publication: 9 June 2011
Lead inspectorate: HMIC
Other participating inspectorates: HMCPSI
Joint Business Plan Category:
  • Bringing offenders to justice

Exercising Discretion: The Gateway to Justice

There is a need for a new approach, with greater consistency and transparency in the use of out-of-court disposals, HM Inspectorate of Constabulary and HM Crown Prosecution Service Inspectorate found in their report, ‘Exercising Discretion: The Gateway to Justice’ published today.

The number of crimes that are dealt with outside the formal criminal justice system has risen dramatically in a five year period by 135 percent. The most commonly used out-of-court disposals – warnings, cautions and penalty notices for disorder – now account for around one third of the 1.29 million offences brought to justice. When restorative justice outcomes – which are not currently included in national data – are added to this figure it is clear that out-of-court disposals have become an increasingly important tool in the fight against crime for both police officers and prosecutors.