Criminals being let off by the police to ease pressure on the courts, Telegraph investigation finds

Thousands of thugs, thieves and drug offenders have been let off prosecutions by the police during the coronavirus pandemic to ease the pressure on the court system, an investigation by The Telegraph has found.

Police have dropped prosecutions in at least 6,000 cases and instead applied out-of-court measures such as community resolutions which do not result in a criminal record.

The number of cases where offenders were dealt with through community resolutions rose by 50 per cent in lockdown, from 10,700 in April and May last year to more than 16,000 for the same two months this year.

Community resolutions allow offenders to escape prosecution by accepting responsibility for their crime, apologising and in some cases paying compensation to their victims.

The sharp rise in their use covered offences including burglary, criminal damage, drug offences, public order and robbery.

The police data, analysed by The Telegraph, also reveals a 50 per cent rise during lockdown in cases where police decided to close an investigation because no suspect had been identified, rising from 168,700 in March and April last year to 262,400 in the same two months this year.

The figures follow an appeal to forces by the National Police Chiefs’ Council (NPCC) to review 'out-of-court' alternatives for less serious offences amid concerns the huge court backlog in cases during the coronavirus pandemic would mean significant waits for justice for victims and defendants.

“We are keen to explore if during the Covid phase we can extend the use of OOCD [out-of-court disposals],” wrote Sara Glen, an NPCC lead, in her letter to forces.

“We all know the criminal justice system was already stretched before lockdown and social distancing measures were put in place.

“Whilst it has had an impact on all agencies, the pressure on the ability of HMCTS [HM Courts and Tribunals Service] to ensure courts hear cases is even more profound, and the backlog is going to build. Technology-enabled justice will only assist so far in this regard.”

One senior policing source, however, expressed concern that excessive use of the tactic could be seen as "decriminalising" some offences.

"What I would be worried about is overuse where you almost get to the point of decriminalising offences if people thought they were almost certainly going to get a community resolution here. We know a lot of people will see a community resolution as having been let off even if that is not technically correct," said the source.

Dame Vera Baird, Victims' Commissioner for England and Wales, said victims were too often not consulted about out-of-court disposals which meant “they can be left alienated and feel that they are not taken seriously.”

“Sometimes they are not even told that their case has been dropped though they may have losses which can’t be compensated without a court hearing,” she said.

The police data shows out-of-court resolutions for March and April this year rose by 10.5 per cent for burglary to 6,731 compared with the same period last year.

For criminal damage it rose by 15 per cent to 24,303, for drugs offences by 42.6 per cent to 23,150, for public order offences by 15 per cent to 37,571 and for robbery by 10.7 per cent to 3,195.

James Mulholland QC, chair of the Criminal Bar Association, said a disproportionate use of community resolutions for serious antisocial crimes such as robbery or burglary would be concerning as they were crimes that regularly inflict significant physical harm and lasting mental trauma on their victims.”

An NPCC spokesman denied out-of-court disposals “let offenders off with more leniency.”

He added: “These tools offer a fast route to remedy through holding offenders to account, disincentivising reoffending, and achieving justice and quick recompense for victims.

"They are only used when appropriate, in line with agreed protocols and are subject to regular force level scrutiny.”

A Government spokesman said: “We will not compromise public safety and it is the responsibility of chief constables to ensure out-of-court disposals are only used where appropriate.”

Amanda Pinto, chairwoman of the Bar Council, said: “It is extremely telling of the Government’s priorities that the police have been finding ways tactically to avoid exacerbating the dire state of the justice system, while the Government refuses to invest to address the underlying problem and support public safety long-term.

“The Government must press forward to reduce the backlog through greater use of the existing court estate, more Nightingale Courts, greater use of better technology and significant staff recruitment, so that the public is safe and faith in justice is restored.”