Out of Court Disposals
A guide to out-of-court disposals (OOCDs) — Community Resolution, Simple Caution, Conditional Caution, youth disposals, cannabis warnings and Penalty Notices for Disorder — with the decision-making framework, recording obligations and common pitfalls, cited to legislation.
Unofficial independent resource — always verify with official sources (College of Policing, your force, PFEW).
Reviewed by BlueLineHub Editorial
What out-of-court disposals are available to officers in England & Wales?
Out-of-Court Disposals (OOCDs) deal with an offence without a formal court prosecution. Tier 1 (lower level) disposals include Community Resolution, Cannabis/Khat Warning and Penalty Notice for Disorder (PND); Tier 2 (more serious) disposals include Simple Caution and Conditional Caution, which are recorded on the Police National Computer (PNC) and can appear on DBS checks. Youth-specific equivalents (Youth Caution, Youth Conditional Caution) involve the Youth Offending Team.
A two-tier replacement — the diversionary caution and the community caution — was legislated in the Police, Crime, Sentencing and Courts Act 2022 (Part 6) but has not been commenced as of 2026, so the disposals above remain the current statutory framework. Some forces have adopted an operational "out of court resolutions" model under existing powers.
A reference to out-of-court disposal types, the factors that must be considered before using one, and the recording obligations that follow. It is educational reference, not tactical guidance — follow your force policy, current law and College of Policing guidance.
Overview — What are OOCDs?
Out-of-Court Disposals are outcomes that deal with an offence without a formal prosecution through the courts. They are designed to be proportionate, efficient, and where possible rehabilitative.
Tier 1 — Lower Level
- Community Resolution — informal, no PNC record
- Cannabis / Khat Warning — force-specific policy
- Penalty Notice for Disorder (PND) — fixed penalty
Tier 2 — More Serious
- Simple Caution — formal, PNC record, DBS implications
- Conditional Caution — conditions attached, CPS involvement
Community Resolution — Tier 1
Informal, non-statutory. No criminal record created. Suitable for low-level, first-time offences where victim agreement is obtained.
What it is
An informal resolution between the officer, offender, and victim. May involve an apology, reparation, or agreed action. No summons, charge, or caution.
Suitability
Low-level first offences — minor criminal damage, low-value theft (often between known parties), minor assaults where the victim supports this disposal. Force gravity matrices guide suitability.
Victim agreement
Victim must agree to this resolution. Their views are central. If the victim wants a prosecution, a Community Resolution is not appropriate.
Criminal record
Does not appear on a standard DBS check. May be retained on local intelligence systems and disclosed in enhanced DBS checks where relevant. Not recorded on PNC as a disposal.
Offender admission
The offender does not need to make a formal admission, though this is good practice and should be documented where made. No caution warning is given.
Documentation
Record the resolution on your force's OOCD form and in your pocket notebook. Include the agreed terms, victim's views, and offender's response.
Conditional Caution — Tier 2
Statutory disposal under CJA 2003. Conditions attached. Breach leads to prosecution. CPS involvement required in most cases.
Legal basis
Criminal Justice Act 2003, Part 3. The offender must be an adult (18+), must admit the offence, and must consent to the conditions attached.
Types of condition
Conditions must be attached for one of the statutory purposes in s.22(3) CJA 2003: rehabilitation (e.g., attend drug treatment or an educational programme), reparation (e.g., pay compensation or complete unpaid work), or punishment (e.g., a financial penalty). Conditions must be proportionate and achievable.
CPS involvement
For most conditional cautions, the file is submitted to the CPS (or a designated police decision-maker where force has delegated authority) for authority to caution. A full evidential file is required — there must be sufficient evidence to charge.
Breach consequences
If the offender fails to comply with the conditions without reasonable excuse, the caution is cancelled and they may be prosecuted for the original offence (Criminal Justice Act 2003, s.24).
PNC and DBS
Recorded on PNC. Will appear on an enhanced DBS check and, depending on the offence, on a standard DBS check. Rehabilitation period applies.
Administering
Must be administered by a police officer or a suitably authorised person. Specific wording is required. Ensure the offender has had the opportunity to seek legal advice before signing.
Simple Caution — Tier 2
Formal, statutory caution. No conditions. Recorded on PNC. DBS implications. Adults (18+) only.
Legal basis
Simple Cautions are administered under Home Office guidance (Simple Cautions for Adult Offenders, 2013, updated 2015). They are not contained in primary legislation but are a recognised formal disposal.
Requirements
The offender must be 18 or over, must admit the offence, must consent to receiving the caution, and there must be sufficient evidence to charge. The public interest must be served by a caution rather than prosecution.
Gravity matrix
Many forces use a gravity matrix to guide disposal decisions. Simple Cautions should generally only be used for low to medium seriousness offences where prosecution is not in the public interest.
Repeat cautioning
A second caution for a similar offence within two years will generally not be appropriate. Check PNC for previous cautions before administering.
PNC and DBS
Recorded on PNC. Appears on enhanced DBS checks. Whether it appears on a standard DBS depends on the offence and the passage of time under the Rehabilitation of Offenders Act 1974 (as amended).
Wording
Standard cautioning script must be used. The offender must confirm they understand and agree to receive the caution. Signed record must be retained.
Youth Cautions & Conditional Cautions
Youth-specific disposals under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). YOT involvement is a key feature.
Youth Caution
Replaces the reprimand and final warning system. First or second offence where offence is not serious. Automatic referral to YOT where offence is not minor. No conditions attached.
Youth Conditional Caution
Conditions may be attached — similar to adult Conditional Caution. YOT must be consulted. CPS involvement required. Consent of parent/guardian for under-17s.
Community Resolution (youth)
Available for young people as for adults. YOT involvement recommended for persistent young offenders or where safeguarding concerns exist.
No Further Action
Where the gravity of the offence and individual circumstances do not warrant any formal disposal. Document the rationale fully.
Cannabis Warnings
Cannabis warnings (cannabis possession — first offence) are a Tier 1 informal disposal. Force policy varies significantly.
- First offence only — check PNC history
- Officer discretion — not mandatory
- Three-strike approach in some forces (warning → PND → arrest)
- Not recorded on PNC as a conviction
- May appear on enhanced DBS if deemed relevant
- Always document the disposal decision and rationale
Penalty Notices for Disorder (PNDs)
Fixed penalties for specified offences. Non-payment results in a fine of 1.5× the notice amount, enforceable by the courts.
| Offence | Amount |
|---|---|
| Drunk and disorderly | £90 |
| Possession of cannabis (first offence — force policy varies) | £90 |
| Minor public order (threatening/abusive words — s.5 POA 1986) | £90 |
| Throwing fireworks | £90 |
| Wasting police time | £90 |
| Misuse of public communications network (low level) | £90 |
Decision-Making Framework
These factors must be considered when selecting any OOCD. Document your assessment of each factor.
| Factor | Guidance |
|---|---|
| Seriousness of offence | Use force gravity matrix. The more serious the offence, the less appropriate an OOCD. Some offences are not suitable for OOCDs — e.g., domestic abuse, hate crime, sexual offences, serious violence. |
| Public interest | Is it in the public interest to prosecute? A single minor first offence in a cooperative adult with no history may not warrant court proceedings. |
| Victim views | Victim must be consulted. Their preference for a prosecution should generally be respected. Restorative options require victim agreement. |
| Offender history | Check PNC. Previous OOCDs for similar offences reduce the appropriateness of another OOCD. Repeat offenders should generally be prosecuted. |
| Offender admission | Most OOCDs require an admission of the offence. If the offender denies it, only prosecution or NFA are available. |
| Vulnerability | Consider the offender's age, mental health, and vulnerability. An OOCD may not be appropriate where the person lacks capacity to understand it. Seek safeguarding advice. |
Recording — PNC, DBS, and Rehabilitation Periods
| Disposal | PNC | DBS | Rehabilitation |
|---|---|---|---|
| Community Resolution | Not recorded as a conviction on PNC | May appear on Enhanced DBS if relevant | No formal rehabilitation period |
| Simple Caution | Recorded on PNC | Appears on Enhanced DBS. Standard DBS — depends on offence | Spent immediately under ROA 1974 (as amended 2012) |
| Conditional Caution | Recorded on PNC | Appears on Enhanced DBS | Spent immediately on completion of conditions |
Common Mistakes and Consequences
| Mistake | Consequence |
|---|---|
| Using wrong disposal | Applying an adult simple caution to a 17-year-old is unlawful. Using a Community Resolution for a domestic abuse offence is contrary to guidance and potentially unsafe. |
| Failing to check PNC history | Issuing a caution without checking for previous cautions or convictions. This may result in an inappropriate disposal that is later overturned or causes reputational damage. |
| Not consulting the victim | Especially for Community Resolution — the victim's agreement is integral. Failing to consult can result in a complaint and undermines the integrity of the disposal. |
| Not documenting rationale | The reasons for selecting an OOCD must be recorded. Without this, the decision cannot be defended in a review, complaint, or appeal. |
| No offender admission recorded | Simple Caution and Conditional Caution require an admission. If no admission was made or recorded, the caution is potentially unlawful and will be voided on appeal. |
| Issuing a PND without authority | Not all PNDs can be issued by all officers. Some require sergeant authority. Know your force's authorisation levels. |
Related reading
Primary sources
BlueLineHub is independent and unofficial. Always verify with the authoritative source below.
- Verify on official source
Criminal Justice Act 2003, section 22 (conditional cautions)
The statutory basis for the Conditional Caution (Part 3, adult offenders).
Last checked: August 2026 - Verify on official source
Crime and Disorder Act 1998, section 65 (reprimands and warnings — repealed 2013)
The reprimand and final warning system that the Youth Caution replaced; s.65 was repealed in full (8 April 2013) — retained here only as the historical reference named in the transcribed text.
Last checked: August 2026 - Verify on official source
Legal Aid, Sentencing and Punishment of Offenders Act 2012, section 135 (youth cautions)
The statutory basis for the Youth Caution (it inserted s.66ZA into the Crime and Disorder Act 1998, replacing reprimands and final warnings). The Youth Conditional Caution is a separate power under CDA 1998 ss.66A–66H.
Last checked: August 2026 - Verify on official source
Criminal Justice and Police Act 2001, section 1 (penalty notices in respect of offences of disorder)
The statutory basis for Penalty Notices for Disorder (PNDs).
Last checked: August 2026 - Verify on official source
Police, Crime, Sentencing and Courts Act 2022, section 98 — diversionary and community cautions (Part 6, NOT yet in force)
The legislated two-tier replacement (diversionary caution / community caution). Part 6 is marked prospective on legislation.gov.uk and has not been commenced as of 2026, so the disposals in this guide remain the current framework.
Last checked: August 2026 - Verify on official source
College of Policing APP — Out-of-Court Disposals
Authorised Professional Practice on out-of-court disposals, gravity matrix use and decision-making factors.
Last checked: August 2026
Frequently asked
- What is the difference between a Simple Caution and a Conditional Caution?
- A Simple Caution is a formal, statutory disposal administered under Home Office guidance with no conditions attached, recorded on PNC. A Conditional Caution is a statutory disposal under the Criminal Justice Act 2003, Part 3, with conditions attached for a rehabilitative, reparative or punitive purpose (s.22(3)); breach without reasonable excuse cancels the caution and the offender may be prosecuted for the original offence (s.24).
- Does a Community Resolution appear on a DBS check?
- A Community Resolution does not appear on a standard DBS check and is not recorded on PNC as a disposal, but it may be retained on local intelligence systems and disclosed in an enhanced DBS check where relevant.
- Is the two-tier caution system (diversionary caution / community caution) already in force?
- Not as statutory law. The Police, Crime, Sentencing and Courts Act 2022 (Part 6) legislated for the two-tier diversionary caution / community caution system, but that Part has not been commenced as of 2026 — the simple caution and conditional caution remain the current framework. Some forces have adopted a two-tier "out of court resolutions" model operationally under existing powers.