I’ve been offered a Community Resolution: what should I do?

If you've been interviewed by the police for a relatively minor offence, following the interview, the police may offer you a Community Resolution as a way of resolving the matter. It is important to understand the full implications of a Community Resolution before accepting it, as it could affect you in the future.

What is a Community Resolution?

A Community Resolution is an informal way of the police ‘dealing’ with a matter. It requires the ‘offender’ to admit to the offence and the police will take the ‘victim’s’ views into account before offering it to the ‘offender’. It means that you don’t have to go to Court for the offence.

A Community Resolution will often have condition(s) attached to it, including (but not limited to):

1. Reparation: such as making good any damage caused or writing a letter of apology;
2. Compensation: such as for any losses sustained or for any harm done;
3. Rehabilitation: such as seeking help for any substance abuse issues;
4. Restorative justice: such as meeting with the ‘victim’ to discuss the harm caused.

Can the complainant prevent me being offered a Community Resolution?

Although the police have to take account of the complainant's views when deciding whether to offer a Community Resolution, ultimately the decision as to whether to offer one lies with the police.

Should I accept a Community Resolution?

This depends on the circumstances of the case, as each individual case is different.

If the evidence against you is strong and you admit the offence, it may be in your best interests to accept the Community Resolution. However if you do not admit the offence and/or the evidence against you is weak, it may be in your interests to refuse to accept the Community Resolution. If you refuse the Community Resolution, the police will then have to decide whether to take matters further or not. If they take it further, that is likely to result in you being prosecuted at Court, which could ultimately lead to a conviction.

Is there a time limit for a Community Resolution being offered?

There is no time limit for offering a Community Resolution, and for various reasons it could take the police some time to offer one.

However it is worth bearing in mind that for some minor offences, there is a six-month time limit for charging a suspect. Therefore if it is an offence to which the time limit applies and the time limit has passed, it may be in your interests to refuse to accept the Community Resolution, as the only other option the police would have would be to drop the case.

Does a Community Resolution equate to a caution or conviction?

No, a Community Resolution is not a caution or conviction. It is not recorded on the Police National Computer, but is recorded on local police systems and can be accessed for intelligence purposes. If you are investigated for a similar type of offence in the future, the police and/or Court can take the Community Resolution into consideration when deciding how to deal with you.

It is also important to remember that if you are a regulated professional, you should check your regulator’s standards/code of conduct (or seek legal advice) to determine whether you need to inform them of a Community Resolution.

Does a Community Resolution show up on a DBS Check?

A Community Resolution will not show up on a basic or standard DBS check.

However they can be disclosed on an enhanced DBS check, under the “relevant information” section. This will be if the offence for which you received the Community Resolution is relevant for the type of work that you are applying for. You may be able to appeal against the decision to disclose the Community Resolution as part of the DBS check.

Can the police take my fingerprints or DNA if they offer me a Community Resolution?

No, the issuing a of Community Resolution in and of itself does not give the police the power to take your fingerprints or DNA.  However, if you were arrested for the offence, then the police are entitled to take your fingerprints and DNA.

Can a youth be given a Community Resolution?

Yes, it is possible for a youth (a child aged between 10-17) to be given a Community Resolution. However their parent/legal guardian must be informed before any decision is made and should be involved in the decision-making process.

Will accepting a Community Resolution prevent me from travelling abroad, such as to Australia or America?

Each country varies as to the checks it carries out on someone’s suitability to be granted a visa, and that depends on whether you are simply intending to visit the country as a tourist for a short period of time or work. It is important to check the relevant immigration website, speak to the embassy for the country you are intending to travel to or a lawyer in the relevant jurisdiction.

What will happen if I breach any condition(s) attached to the Community Resolution?

If you breach any of the condition(s) attached to the Community Resolution, the police could rescind it and you could then be prosecuted for the original offence.

Can I appeal against a Community Resolution once it has been administered?

There is no formal right to appeal, but you can make a complaint to the Chief Constable or Commissioner of the administering police force if you do not agree with the way the case was handled or the decision to offer you a Community Resolution.  In theory at least, any irrational or unlawful act of the police can be challenged by way of judicial review, although the threshold is high and there are strict time limits.

Community Resolutions are complex matters and therefore if you are offered one, it is important to obtain legal advice before agreeing to accept it. In some circumstances, following an analysis of the evidence, it may be possible to persuade the police to take no further action (ie drop the matter) instead of you having to accept a Community Resolution.

If you are facing investigation or prosecution, send us an email, complete our online enquiry form or call us on 020 3797 6970 to find out how our specialist criminal solicitors can help you.  If emailing or using the online form, please provide a short outline of your situation.