Greater transparency needed in PSNI use of out of court disposals, says Chief Inspector

Jacqui Durkin said “it is not just about what is quick and easy, it has to be about what is right and proportionate to address offending”.

Community Resolution Notices (CRNs), formerly known as Discretionary Disposals, were introduced in 2016 and at the time of fieldwork for the Criminal Justice Inspection Northern Ireland (CJI) report published today (October 23), they were the most common out of court disposal used in Northern Ireland.

Between December 2023 and November 2024, CRNs were used to dispose of nearly 6,600 crimes, including drug, theft, and violence against the person offences as well as a low number of domestic abuse and hate related offences.

“People who commit crimes should never be allowed to think they have got away with it and there are no consequences for breaking the law,” said the Chief Inspector.

“However, that does not mean that every offence must be prosecuted through the Courts to achieve justice for victims, or the impact of their crimes felt by offenders.

“Out of court disposals have an important part to play in our criminal justice system and can be an effective way to deal with less serious crime.

“They are designed to be a more immediate sanction, speed up dealing with crime with less process, paperwork and cost, and enable court resources to be used effectively when they are needed most. Community confidence in their effectiveness and use by the PSNI is central to this.

“But this is not just about what is quick and easy, it has to be about what is right and proportionate to address offending behaviour and support desistance.”

While recognising the recently concluded Department of Justice public consultation on expanding the use of out of court disposals, the Chief Inspector said it was important that a wider, more transparent conversation took place with stakeholders and the public about all forms of disposal using police discretion, especially as the range of offences where a CRN could be used was expanded in August 2024.

“There needs to be greater understanding of the outcomes CRNs aim to achieve and more accessible, publicly available information on both the circumstances in which they can be used and the safeguards that apply,” said Ms Durkin.

“Their connection to reducing demand within the courts and place as an effective criminal justice sanction that fosters public confidence in our criminal justice system should be regularly communicated.”

She added: “The Out of Court Disposals Working Group, a subgroup of the Criminal Justice Board, will be instrumental in taking this recommendation forward within the next nine months. How satisfied victims were with CRNs and how they help prevent reoffending also needs more clarity.”

Ms Durkin also called on the PSNI to strengthen its governance arrangements for the use of out of court disposals, including CRNs.

“Inside the next three months the PSNI should revise its governance and strategic accountability arrangements for the use of out of court disposals, including CRNs, at district and assistant chief constable level,” she said.

“This should include the regular reporting and analysis of equality data to monitor both the appropriateness and equity of their use.”

Inspectors also recognised the PSNI’s Criminal Justice Branch monitoring of police officer compliance with CRN eligibility criteria and guidance, however, at the time of fieldwork, the joint PSNI-Public Prosecution Service for Northern Ireland quality assurance arrangements for CRN use had not operated since April 2023.

The Chief Inspector welcomes the PPS’s confirmation that, as recommended in the draft report, these arrangements were recommenced.

Ms Durkin said the inspection identified good examples where police officers had worked with children over ten years of age, their parents, police Youth Diversion Officers and often the Youth Justice Agency, to agree community resolutions and access programmes.

Inspectors also found that training provided to student and probationary police officers on CRNs was accessible and detailed and revised guidance on CRN delivery had streamlined the criteria for use.

A case file review showed most files complied with the PSNI’s CRN guidance which was positive. But, examples of non-compliance with the guidance where checks were not sufficiently thorough to identify previous offending, pre-existing bail conditions or a court order were also noted.

Inspectors also identified some cases where a CRN was issued for an offence permitted under the PSNI guidance but was inappropriate given the offence circumstances or the offender’s background.

“The importance of supervisor oversight, accompanied by detailed rationale to justify decisions and quality assurance checks are of paramount importance, especially since the revised guidance expanded the range of eligible offences to include more personal crimes,” said Ms Durkin.

“It is also important the PSNI assures itself that intimate partner domestic abuse and hate crimes should be retained on the list of offences suitable for disposal by a CRN, albeit with additional safeguards in place.

“This Inspection Report makes three strategic and two operational recommendations as well as identifying four areas for improvement.

“When implemented they will strengthen oversight and provide assurance about how the PSNI uses CRNs as an effective outcome for victims and offenders that fosters confidence in policing and helps create safer communities.”