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Community Remedy
Giving a Voice to Victims of Crime and Anti-Social Behaviour
What is Community Remedy?
Community Remedy was first introduced in 2014 as part of the Anti-Social Behaviour, Crime and Policing Act. It was designed to offer victims a greater voice in out-of-court punishment for those engaged in anti-social behaviour (ASB) or who have committed a low-level offence.
The Community Remedy Document sets out how victims of low-level crime and ASB can have a say in the appropriate punishment for those offenders who receive an Out of Court Resolution.
How is Community Remedy used?
The Community Remedy applies to all Out of Court Resolutions (OOCRs). OOCRs are an alternative outcome which does not involve prosecution at court. OOCRs include Community Resolutions and Conditional Cautions. Community Resolutions are an informal agreement between victim and offender, and the agreed conditions are not enforceable by police. Conditional Cautions are a formal resolution where an offender’s failure to comply can lead to prosecution for the original offence.
OOCRs can only be used when an offender admits their part in an incident or crime and agrees to this outcome being used. The investigating officer must also determine that both the offence and the perpetrator’s offending history mean the matter is appropriate to be dealt with outside of court.
How are victims’ wishes considered?
If you are a victim, you will be asked your opinion on which Community Remedy options you think would be most appropriate for the offender in your case. The investigating officer must take your thoughts into account but will also consider other factors such as proportionality and the offender’s background. The officer dealing with your case will make the final decision and will keep you informed about what happens next.
Who decides what options are available?
Each Community Remedy option must aim to achieve at least one of the following:
- Rehabilitation of the offender.
- Reparation for the harm done.
- Punishment for the offender.
The available options were developed following public consultation in September 2023. Changes were introduced to reflect this input and agreed with Hertfordshire Constabulary. All feature in the Community Remedy Document options. You can find more about the consultation below.
What Community Remedy options are available?
1. Restorative Justice
A trained facilitator will support you to communicate with the person who has caused you harm. This can be either face-to-face or through a range of indirect methods. This is an opportunity to share your experience, while also encouraging the offender to reflect on the consequences of their actions. You can find out more about Restorative Justice on the Beacon website.
2. Local rehabilitative or diversionary activity
The offender attends an online or in person programme designed to address the underlying causes of their offending. Programmes available in Hertfordshire include:
- Victim Awareness
- Anger Management
- Thinking Skills
- Shoplifting
- Substance Misuse
- Domestic Abuse
- Responsible Dog Ownership
3. Apology
The offender makes a verbal or written apology.
4. Reparation (non-financial)
The offender makes non-financial reparation, such as repairing the damage caused (e.g. repairing a fence).
5. Financial reparation
The offender makes financial reparation. This can be to an individual victim, business, to a charity or community fund.
6. Localised Behaviour Agreement
The offender signs an agreement to stay away from certain places or not to take part in specific activities.
1. Theft from shop (Localised Behaviour Agreement)
A 41-year old man stole an electrical item from a shop in Welwyn Garden City. The manager was asked what outcome he wanted following the property being returned to the shop. The manager informed the police that he wanted to ban the man from the shop for 12-months. The police issued a Community Resolution, requiring the man to sign a localised behaviour agreement and agree not to return to the shop.
2. Making off without payment (Financial reparation and Apology)
A 20-year old woman made off from a taxi making no attempt to pay. The taxi driver was asked what action he would like to be taken, and he said he just wanted the fare to be paid. The woman was issued with a Community Resolution requiring that she repay the fair and provide an apology.
3. Assault (Rehabilitative activity)
A 16-year old boy physically assaulted his support worker while shouting insulting comments following a disagreement. When consulted, the support worker did not wish the case to proceed to court and agreed that a rehabilitative intervention may help. The police issued a Youth Conditional Caution and the boy completed a series of courses on conflict resolution, victim awareness, and the consequences of offending.
In September 2023, the Office of the Police and Crime Commissioner held a public consultation to gather feedback on the options available for Community Remedy. The survey received 650 responses.
All five options received over 75% support. Financial and/or Personal Reparation was found to be the preferred option, with 96% of respondents in support.
Respondents were also invited to suggest other options that could be made available. The most frequent suggestion related to community service options, such as litter-picking or clearing graffiti.
The results of the consultation were shared with the Constabulary, and the Community Remedy Document has been updated to reflect changes.
How much say does the victim have?
The police must consult with victims before deciding on which Out of Court Resolution to use. However, the officer in the case must also consider the overall circumstances, and the final decision remains with them. As well as listening to the victim, the officer must also consider other factors such as the perpetrator’s offending history and personal circumstances, and whether the outcome is proportionate.
What if there is more than one victim, how can all views be considered?
The officer in the case will try to consider the views of all victims to ensure the most appropriate outcome is delivered.
If I choose a Community Remedy option, will I have to meet with the perpetrator?
No. Most Community Remedy options do not involve any communication between perpetrator and victim, with the police managing the process. If you have chosen Restorative Justice (and the offender agrees), you may be offered a face-to-face or telephone meeting with the offender. This meeting would be managed by a trained facilitator, and is entirely voluntary. Alternatively, you could opt for written communication. You can find out more about Restorative Justice here.
Why does the offender have to agree to the Community Remedy option?
For Community Remedy to be used, the offender must agree to take part in the Community Remedy outcome. This is because Out of Court Resolutions are designed for those who accept responsibility and who are willing to learn from their actions and address the harm they have caused. An Out of Court Resolution is unlikely to be suitable for someone who denies responsibility and will not engage with the process. In this case, the police may consider formal prosecution.
Can Community Remedy be used for someone under 18 years old?
Yes, the Community Remedy process can be used with young people aged 10-17 years-old, but this can only be done with agreement from the young person’s parent or guardian.
How do the police monitor if the offender completes the conditions?
All OOCRs are recorded by the police and monitored to make sure that offenders comply with their conditions. Monitoring varies depending on the type of outcome but will often involve partner agencies or direct communication with the offender. The police should keep the victim updated to make sure conditions have been completed in line with expectations.
What support is available?
Beacon is Hertfordshire’s victim care centre. They offer free, independent support for victims of crime. Visit Beacon's website or call 03000 11 55 55 for further information.