Question 1

Will a public order case be dropped if the other person makes a retraction or says to police they don't want to go ahead with it?

Accepted Answer

Perhaps, but not necessarily. Several public order offences which are about disorder in public places, so if there is CCTV evidence or other witness evidence the police and CPS may still go ahead. Having a proactive public order offence lawyer in this situation becomes very important.

Question 2

Should I accept a caution for a public order offence?

Accepted Answer

This is not a simple answer. A caution is not a criminal conviction, but it does create a criminal record, which will be disclosable on some types of DBS criminal record check for several years. A caution is usually preferable to a conviction at court, but for anyone in a career or other position of responsibility, such as caring for children or vulnerable people, a caution is to be avoided.

Question 3

Does a Public Order Act case have to go to court?

Accepted Answer

Public order offences are among the most common cases that police deal with every day. Some investigations result in no further action being taken by police. Involving a Public Order Act specialist early can be the difference between a case going to court and a case being stopped without even going to the CPS for a charging decision.

Question 4

What is a harassment warning for a public order case?

Accepted Answer

In a case where you and the complainant know each other such as a neighbour dispute, the police may consider giving a harassment warning to you or both you and the complainant. This is not something that would be likely to show up as a criminal record as a result of a DBS check. It is a way of the police making it clear for their records that a warning has been given. It's only likely to be referred to if there are any further incidents or complaints. It is not usually a welcome outcome, but it avoids a caution or a conviction, which makes it worth considering carefully if offered.

Question 5

What is restorative justice?

Accepted Answer

Restorative justice is a phrase used to describe police overseeing contact between a complainant and a suspect, sometimes in the form of a letter, to resolve the matter. Sometimes this may take the form of a letter of apology, or even a meeting, although meetings between the two parties are risky and need to be managed carefully if there is no alternative. Restorative justice procedures usually avoid the matter having any formal outcome, but this varies between police forces and checks should be made before agreeing to the process. Confusingly, some police forces call restorative justice 'community resolution' and even sometimes use each term to mean slightly different things.

Question 6

What is a community resolution?

Accepted Answer

Community resolution is a term which means police trying to broker a settlement between a suspect and a complainant going forward to end a grievance between them. It will sometimes be offered in a neighbour dispute case or in a case where there has been property damage, or any other type of disturbance or public order allegation.

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