Out-of-Court Disposal vs Court Charge
Out-of-court disposals — including community resolutions, simple cautions, and conditional cautions — deal with admitted offences without prosecution. A charge to court triggers formal proceedings under the CPS Full Code Test, with conviction carrying a criminal record.
Overview
The police and CPS have a range of options for dealing with adults who admit criminal offences. The spectrum runs from informal community resolutions at one end to a formal charge and Crown Court trial at the other. Out-of-court disposals (OOCDs) are designed to provide swift, proportionate justice for less serious offending without the cost and delay of court proceedings, while ensuring accountability. The main OOCDs for adults are: community resolution (informal, no formal record on the PNC as a caution); cannabis or khat warning (for personal possession); Penalty Notices for Disorder (PNDs); simple caution; and conditional caution. A charge to court requires the CPS to apply the Full Code Test: (a) evidential stage — there must be sufficient evidence to provide a realistic prospect of conviction; and (b) public interest stage — prosecution must be in the public interest. The CPS Code for Crown Prosecutors (8th edition) sets out the factors relevant to both stages. Charging decisions for most indictable-only offences and some either-way offences require CPS authorisation; less serious offences can be charged by the police.
Side-by-Side Comparison
Out-of-Court Disposal (OOCD)
Pros
- Faster and cheaper than prosecution — case resolved without court proceedings, saving CPS and court resources
- Less stigmatising than a conviction — community resolution and cannabis warnings do not result in PNC caution records
- Proportionate for low-level offending — allows police to deal quickly with minor offences while focusing prosecution resources on more serious crime
- Can include restorative justice and victim reparation elements — particularly in community resolutions and conditional cautions
Cons
- Admission required — suspects who deny the offence cannot be given an OOCD
- Cautions and conditional cautions appear on enhanced DBS checks — significant for employment in regulated sectors
- Cautions appear on the PNC and can be cited in later court proceedings or referenced in sentencing
- May be inappropriate for repeat offenders or where the public interest demands prosecution and deterrence
Best For
First-time or low-level offenders who admit a minor offence, where prosecution is not in the public interest, and where proportionate accountability (with or without conditions) can be achieved without a court hearing.
Court Charge
Pros
- Full criminal justice process — prosecution must prove the case to the criminal standard; defendant has full trial rights
- Appropriate for serious, repeated, or contested offending — OOCDs are not a proper response to significant harm
- Deterrent effect — conviction and sentencing send a clear message; important for public protection and victim justice
- Access to the full range of sentencing options — community orders, custody, restraining orders, and ancillary orders
Cons
- Time and resource intensive — magistrates' court delays are common; Crown Court cases can take years
- Conviction risk — even with a good defence, trials carry risk; a conviction results in a criminal record
- Costs — prosecution costs, defence costs (legal aid means/merits tested), and victim surcharge on conviction
- Stress and impact on employment and mental health during the period between charge and verdict
Best For
Offences that do not qualify for an OOCD: serious offences, repeat offending, cases where the suspect denies the offence, or cases where the public interest requires prosecution.
Key Differences
Our Recommendation
OOCDs are appropriate for admitted, low-level offending where the public interest is served by swift, proportionate resolution without court proceedings. Suspects should always seek legal advice before accepting any OOCD — admissions made in the OOCD process can be used in evidence if the matter later proceeds to court (for example, on breach of a conditional caution). Prosecution should be pursued where the offence is serious, the suspect denies the offence, or the victim's interests require a formal court process.