THOUSANDS of serious offences have been resolved out of court, a joint investigation by The Northern Echo and the BBC has found.

For some offenders, an out of court disposal like a community resolution, can represent a second chance.

However, some believe there can be no excuse for using them to resolve crimes that could otherwise attract a jail sentence.

Consider the arguments for and against their use below and have your say in the comment section.

'We wanted to see him before the courts' - family speak of prison guard's violent assault

A PRISON officer who launched an unprovoked attack on a teenager should have faced court, according to the student’s furious family.

In March, Ben Matthews was walking home from college when he was approached by a man who said he was a prison officer and demanded to search his bag.

When the County Durham student refused to hand over his property, the man launched a savage assault that left Ben with facial injuries.

He was punched repeatedly in the face before people living nearby heard his cries for help and intervened.

Officers from Durham Constabulary believe their Checkpoint scheme represents the most appropriate form of punishment in this case, but Ben and his family believe tougher sanctions should have been imposed.

Prior to April, the outcome of the case – should Checkpoint have been completed successfully – would have been recorded as a community resolution.

Changes in legislation mean it will now be recorded as a ‘deferred prosecution’ instead, but Ben’s family believe the offender should have been hauled before the courts.

Ben’s mother, Jo Law, said that out of court disposals were not appropriate for such serious offences, adding: “We were prepared to make a statement and go to court but they railroaded us the whole time.

“As far as the police are concerned, they’re going down this route anyway, it is finished.

“I thought we were supposed to at least agree but we absolutely did not - we still haven’t given consent for this.

“I would have liked for him to go to court, at least, for Ben’s sake and to show that they’re taking it seriously and so that he has a criminal record.

“This was not some punch up in the street between two friends, it was completely unprovoked.

“People who commit violent offences should not be put onto this scheme, it is wrong and they do not realise the impact it’s having on victims.

“I don’t know if any change will come of this but if we can stop it from happening for someone else in Ben’s position, who feels like someone has got away with it, if we can relieve that, at least it’s something. Unless someone speaks out, it’s not going to change.

“If those people had not come out, I could have been going to my son’s funeral or sitting in the intensive care unit next to his bed.”

'Community resolutions should not be used to resolve domestic abuse cases' - Professor calls for changes

An FOI request conducted as part of this investigation revealed that many forces are also using out of court disposals, including community resolutions, against guidance to tackle cases involving hate crime and domestic abuse.

The Northern Echo:

Professor Nicole Westmarland, director of Durham University’s Centre for Research into Violence and Abuse, said: “Community resolutions are still being used for crimes as serious as ABH, which is a high-level criminal act.

“It is disappointing to see so many serious problems still happening in relation to policing domestic abuse.

“It flies in the face of the idea that positive policing is taking domestic abuse seriously - there may be some cases, such as brothers fighting - where a community resolution could be relevant but for personal relationships and partner violence, because of the dynamics involved, it is not safe to be using them or anything that does not involve a risk assessment, speaking to the offender separately to the victim or taking that power and control dynamic into account.

“Victims are told in posters and campaigns to report to police and they will be taken seriously but if they get the courage to ring and police use a community resolution, it works to reinforce the message that the perpetrator has been sending, that it’s not serious, that it’s all in their mind, they’re unreasonable and irrational.

“It absolutely could put people off reporting and risks reinforcing perpetrators’ version of the facts and leading to worse happening, suicide or someone being killed.”

'Out of court disposals can mean a second chance' says restorative justice worker

YOUNG people would be left with cautions like ‘millstones around their necks’ if it wasn’t for the use of out of court disposals, it has been argued.

Derek Robson, the restorative lead at County Durham and Darlington’s Restorative Hub, said working in policing and youth offending showed him the value of a second chance.

He said the majority of first-time offenders would not go on to live a life of crime but, without the option of disposals like community resolutions, could see their futures disadvantaged by an isolated incident.

Mr Robson said such out of court disposals represented a second chance but should be used responsibly.

He added: “The benefit for me is about immediate resolution rather than going through the criminal justice system, with its cost to the purse, to society and to the individual in terms of the stresses and the lack of control.

“We often find that victims do not care about the criminal outcome - there’s a surprising amount of crimes committed by people who know their victim, who do not want that person criminalising.

“During my time in youth offending, we would see first time offenders given cautions – 70 per cent of those young people will never come back again but they were receiving records that would hang around their necks like a millstone.

“A community resolution allows them not to become embroiled in the criminal justice system and does not give them the label of an offender ad infinitum.

“As a cop, you see people who just did not know what they did was an offence but ignorance of the law is no excuse.

“Community resolutions allow people to make mistakes and not be burdened by them for the rest of their lives.

“But they should not be used for serious crimes, they’re there for a purpose, for when circumstances dictate it’s the right thing to do.”

The Northern Echo:

'Disposals should not be used for serious crimes but should be welcomed for cannabis use' says club founder

Founder of Teesside Cannabis Club, Michael Fisher, welcomed the use of the disposal to tackle offences involving the drug.

A veteran campaigner for the legalisation of cannabis, he believes people should not be criminalised for their use of a substance that is legal in a number of other countries.

He believes forces should not have to police the consumption of cannabis but said the use of community resolutions represented a middle-ground that meant users would not be left with a criminal record.

Mr Fisher, from Middlesbrough, said: “If they allow cannabis consumers to avoid court, that’s brilliant. It would be good to use them for other small-scale drug use and they’re good for under-25s who could otherwise carry around decisions made while young for the rest of their lives.

“Now, officers have to be seen to police this and to be doing something to satisfy tax-payers who want them to act.

“Community resolutions make a good pacifier but it’s a waste of money and a pain that they have to police this at all."