Community remedy

Commissioner’s Foreword

Community Remedy provides a vital opportunity for victims to be consulted and input on the outcome and resolution to an anti-social behaviour offence. As Police, Fire and Crime Commissioner I am really pleased to support the initiative and encourage victims of crime to carefully consider using the options so that offending can be addressed and community safety restored.

Launched during Restorative Justice week, my team and I ran a 6-week public consultation on the options for Community Remedy and using this feedback, I am confident these options are suitable for North Yorkshire and York. The local options provide victims with the opportunity to ensure justice and reparation for an offence, as well as an important opportunity for perpetrators to learn about the impact of the offence and change their behaviour in the future, without being criminalised through court proceedings.

Zoë Metcalfe, Police, Fire and Crime Commissioner

Chief Constable’s Foreword

Anyone who has been a victim of a crime or anti-social behaviour will inevitably feel the impact of that event in some way. In some cases, just being able to share how it made them feel with a perpetrator or for a perpetrator to reflect on their actions and offer to put things right can be extremely powerful in the healing process and allow people to move on. Likewise, there are often underlying reasons why perpetrators commit acts of crime or anti-social behaviour that could be more effectively explored and resolved through use of Community Remedy. That is why Community Remedy can be a more meaningful resolution to some victims and perpetrators than other criminal justice outcomes and can be more effective in keeping people safe and feeling safe.

Lisa Winward QPM MBA Bsc (Hons), Chief Constable

What is Community Remedy?

Following public consultation, Community Remedy became a key element of the Anti-Social Behaviour (ASB), Crime and Policing Act 2014.  Police and Crime Commissioners are responsible for the ownership and reviewing of the document, in partnership with their Chief Constables.

The aim of Community Remedy is to enable victims of low-level crime and ASB to have a greater say in how offenders should be held account for their actions.

The Community Remedy document lists the available actions that can be carried out by a person who has engaged in anti-social behaviour or committed an offence, admits to their involvement and is to be dealt with for that behaviour or offence without court proceedings.

Each local policing body must have a Community Remedy document for its area, informed by consultation and promoting public confidence in the out-of-court disposal process.

In line with upcoming changes to Part 6 of the Police, Crime, Sentencing and Courts Act 2022 and the codes of practice that will sit alongside, the North Yorkshire Police, Fire and Crime Commissioner (PFCC) and Chief Constable of North Yorkshire Police (NYP) have taken the opportunity to review North Yorkshire’s Community Remedy document and options. The review has informed this final document which outlines the options available across North Yorkshire and York.

Public consultation

To ensure the public had an opportunity to feed into the available options for North Yorkshire’s Community Remedy document, an online survey took place over a 6-week period (21^st November 2022- 10^th January 2023) which received over 260 responses. These findings have been considered by the Office for the Police Fire and Crime Commissioner and informed the final Community Remedy options which are detailed below.

Community Remedy Options

• Restorative Justice:
  • An opportunity to bring those harmed and those responsible for the harm into communication with each other, in a safe and supported way.
  • Those harmed may express their experience in an informal yet impactive way, whilst providing the opportunity to understand why the offender may have committed the crime/ ASB.  It also provides the offender the opportunity to hear from those harmed by their actions, to understand the impact of their actions and find a positive way forward. This can be facilitated directly or indirectly.
• Verbal or written apology to the victim.
• Signing an Acceptable Behaviour Contract (ABC) to enable an opportunity for the offender to make a positive change in their behaviour.
• Personal/Community Reparation – e.g. repairing or paying for damage caused or litter picking
• A referral to a local rehabilitative, educational or diversionary activity to support an improvement in behaviour e.g. diversionary/preventative youth activity, Anger Management programme, a community-based support scheme such as Crossroads Adult Diversion scheme or Change Direction Young Person’s Diversion Scheme that addresses behaviour and unmet needs or a substance misuse intervention.
• Mediation to support the resolution of disputes.

Frequently Ask Questions

How much say do I have as the victim?

The victim of the offence will be asked their opinion as to which option they think may be the most appropriate, however the final decision remains with the police officer as to which option is used.

When can a Community Remedy be used?

Criteria:

• There must be evidence that the offender has committed a criminal offence or been engaged in anti-social behaviour (ASB).
• The offender must have admitted they have committed that offence/ engaged in that ASB.
• There must be enough evidence for court proceedings, however the officer may believe it would be more appropriate to deal with the incident as an out of court disposal.
• The offender must agree to taking part in a Community Remedy outcome.

Who can issue a Community Remedy?

A Community Remedy can be issued by the investigating police officer.

What if there many victims, how can all views be considered?

Police should try to consider the views of all victims involved in the incident to ensure the most appropriate outcome is delivered.

Can a Community Remedy be used for someone under 18?

Yes, a Community Remedy can be used with young people aged 17 and under, with parent’s/carer’s consent.

Does a victim have to agree for a Community Remedy to be used?

The involvement of a victim in the process is voluntary, a victim shouldn’t feel they have to take part in the process if they don’t want to.

If I choose a Community Remedy option, will I have to meet with the perpetrator?

The Police officer will manage the process between the victim and the perpetrator. If a victim chooses a Community Remedy option they will not need to meet with the perpetrator, if they don’t want to. However, if Restorative Justice is the chosen option, there may be an opportunity to meet face-to face or over the phone and this process would be managed by a trained facilitator.

How do police monitor if the Community Remedy action is completed by the perpetrator?

Monitoring the progress of any actions set can be done in a number of ways. This may be by linking in with partner agencies to monitor the progress of interventions set or speaking with the perpetrator and victim.  Monitoring processes will depend on the particular outcome given.

The police should continue to regularly update the victim and engage with them to ensure the action has been completed to their satisfaction.

Victim Support Services

If you feel you could benefit from further support, there are support services available for any victim of crime in North Yorkshire and York:

• Supporting Victims- supportingvictims.org/

Download and print out the North Yorkshire Community Remedy Document

• North Yorkshire Community Remedy Document