Community Remedy Consultation
The Government has committed to
significantly reforming the ways in which low level crime is
tackled through the Anti-Social
Behaviour, Crime and Policing Act which received Royal Assent
in March 2014. One of the new approaches is the Community Remedy,
which gives victims a say in the out-of-court punishment of
offenders. The legislation does not specify what actions should be
included in the Community Remedy document and will vary from one
Police Force to another.
This consultation sought the views of residents on the sanctions
to be included in the West Midlands Community Remedy. Under
the new rules, victims of low-level crime are to be offered a say
in the way offenders are dealt with out of court.
Why we consulted
The Community Remedy has three key elements:
- The Act places a duty on Police and Crime Commissioners to
consult with members of the public and community representatives on
what punitive, restorative or rehabilitative actions they would
consider appropriate to be on the Community Remedy document.
- Police Officers will work from the resulting menu of sanctions
when using two types of out-of-court disposal - informal community
resolutions and conditional cautions.
- The victim must be consulted on the sanction to be offered to
the offender and given the option to choose an appropriate sanction
from the menu. The police officer in question (or prosecutor in
some cases) will have ultimate responsibility for ensuring that the
sanction offered to the offender is proportionate to the
The Commissioner therefore consulted the public about what
should be included in the Community Remedy Document.
you have been the victim of a crime, or have suffered from some
form of anti-social behaviour, there are a number of ways that West
Midlands Police can deal with the incident. In some cases, it will
be necessary to pursue a case through the criminal or civil courts.
However, this is not always the best solution, and in many cases,
it is often preferable to attempt a more 'informal' solution
first. It helps police to spend more time on the
streets whilst ensuring that offenders are dealt with swiftly and
in a manner which reduces the likelihood of reoffending.
The Commissioner believes that decision making should be
victim-led, in consultation with the officer dealing with the case
and is seeking your views on the options for offenders who commit
low-level crime and anti-social behaviour.
We wanted to know what you feel would be suitable to help the
police deal with the matter out of court. The new
changes will give victims the option to request that their
offenders carry out activities which have been shown to increase
levels of victim satisfaction compared to the court process. If the
offender does not agree to this, they can be taken to court
We do not wish to be prescriptive in the options available to
victims and therefore we do not intend to put any restrictions on
the type of activity that can take place, instead decision making
will be dependent on what activity and resources are available in
the relevant area. The officer dealing with your case will
explain what services are available locally that might be relevant
in your situation.
We consulted on four proposed options for inclusion in the
community remedy document. These are are summarised in the
feedback form below:
This consultation closed at 10am on Monday 8 September 2014.