Community Resolution Order Solicitors

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You may have been offered a Community Resolution by a police officer as a way of resolving an allegation against you and you may be unsure what to do. The police issued more than 140,000 Community Resolutions in 2024, and the vast majority were given to people with little or no previous experience with the Criminal Justice System.

Understandably, many people will be unsure whether it is in their interests to accept a Community Resolution. It is also important to be fully aware of the possible implications of having a Community Resolution on your record and how this could affect your future.

In our experience, it is not uncommon for Community Resolution to be inappropriately offered by police officers so that they can conclude their investigations with a ‘result’. This behaviour seems to have been noted in a government report, which said that Out of Court Disposals had been inappropriately issued in up to 30% of cases. In some instances, the behaviour alleged does not clearly constitute a criminal offence or there may be other circumstances which point away from the need to administer a Community Resolution, such as mental health issues.

 

If you or a family member are offered a Community Resolution, it is important to receive quality legal advice before coming to a decision, especially if you hold any reservations or concerns.

We can offer consultations to clients in any part of England and Wales via video conferencing software (Zoom, Whatsapp, Facetime, Skype etc). If you would prefer a face to face meeting, this can be arranged at one of our offices.

What Services Can Reeds Solicitors Offer?

The starting point is normally a consultation with one of our specialist Community Resolution Order solicitors. We would need to take your detailed instructions on the matter and assess any available evidence.

We can answer any questions that you may have. You would also be advised on whether it is in your interests to accept the Community Resolution. This will involve a careful judgment about the particular facts of your case and the strength of the evidence.

In some circumstances, we can make written representations to the police that a Community Resolution is not an appropriate outcome and that the investigation should be ‘No Further Actioned’ (ie dropped).

If you have already signed the paperwork to accept a Community Resolution, we may be able to submit an appeal, seeking to have it rescinded. Official police guidance states that Community Resolutions should only be issued where the recipient has admitted the offence, accepted the terms of the Community Order and has the mental capacity to understand it. The Community Resolution may have been unfairly issued if this criteria is not met.

Please contact us on communityresolution@reeds.co.uk if you would like to arrange a consultation.

Nathan Seymour-Hyde - Reeds Solicitors
Nathan Seymour-Hyde

Partner & Solicitor

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Case Studies

We represented a 15-year-old youth, who had been accused of a malicious communication offence, allegedly committed via Snapchat. The officer contacted our client’s parents, indicating that they planned to briefly interview the suspect at her school and then resolve the matter via a Community Resolution. We took instructions from our client and immediately suspected that the vague nature of the allegation did not constitute a criminal offence. We contacted the officer, requesting disclosure the scrutinising the need for a formal process. The officer decided to drop the matter, without an interview.

Police officers attended our client’s home address, issuing him with a Community Resolution for Harassment. He had sent some flowers and a card to his ex-partner, after their relationship ended. We challenged the basis of the Community Resolution, given that no offence appeared to have been committed, and our client had never made any admissions. The police confirmed that the Community Resolution Order would be rescinded. This was a relief to our client, who is pursuing a career in politics.

Our client had been offered a Community Resolution for an assault offence, after being interviewed under caution. He was unsure whether to accept it and sought our advice. After taking his instructions, we advised him that he had a defence to the allegation and the Community Resolution was being inappropriately offered by the police. We submitted written representations to the police outlining this point in detail and the matter was No Further Actioned.

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FAQ

Community Resolutions are described by the police as an alternative way of dealing with less serious crime. The ‘offender’ must accept responsibility for the offence and the ‘victim’s’ views are taken into account. The resolution will involve some form of reparation, such as a letter of apology, an offer of compensation, or a promise to simply leave the area immediately.

Whether an individual should accept a Community Resolution is completely dependent on the facts of a particular case. It is important to understand that any acceptance of a Community Resolution carries an admission that you have committed the offence in question.

Where the evidence of an offence is strong and the alternative to a Community Resolution would likely be a Simple Caution or even a criminal prosecution, it may be the best outcome possible.

However, there are many situations where this judgement is less clear. If the main witness is not particularly supportive of police action or an individual has a possible defence to the allegations, it may not be in your interests to accept a Community Resolution.

Yes. It is your decision whether you sign the paperwork and agree to the Community Resolution. You are free to say no. This would then leave the police officer (or in some circumstances the Crown Prosecution Service) with the decision of whether to drop the investigation or prosecute the offence in court

Community Resolutions are not disclosed as part of a Standard Check by the Disclosure and Barring Service. However, they may appear as part of an enhanced check under the ‘relevant information’ section.

A Community Resolution is not a ‘criminal record’ is not currently recorded on the Police National Computer. Nevertheless, they are recorded locally on police information systems and can be accessed for intelligence purposes. A previous Community Resolution will be taken into account by the police or the court if further offences are committed.

Yes. Community Resolutions can be issued to youths (10-17), however a parent or legal guardian must be informed prior to any action being taken. It is best practice for the parent / legal guardian to be physically present during the decision making process, although a telephone call is deemed sufficient.

A Youth can not be given a Community Resolution for possession of cannabis unless the matter has been referred to the Youth Offending Service.

Unless you have been arrested as part of the investigation, the police have no power to take fingerprints or DNA.