28/08/2025
Chris English
By Steff Edwards
Background on the Prison, Probation and Courts Crises in the UK
The criminal justice system in England and Wales is facing several crises. Recent statistics warned that prison demand nearly exceeded capacity last summer, prompting emergency prisoner releases to avert collapse of prison operations (Independent Sentencing Review, no date). Whilst prisons were near capacity, the Crown Court backlogs reached approximately 77,000 open cases in July 2025 (Siddique, 2025). As a result of this backlog, cases are being listed as far as 2029 (Revolving Doors, 2025). These delays have created, understandably so, negative discourse surrounding the British criminal justice system and whether it is able to meet the needs of victims and support in preventing future crime.
What Are Out of Court Resolutions?
Out of court resolutions (OOCRs) are measures used by police to resolve lowlevel offences without court prosecution. They include community resolutions, simple or conditional cautions, drug warnings and penalty notices for disorder. (Justice Data, no date). They can be an effective tool in tackling low-level offending, focusing on rehabilitation as part of the condition or repairing the harm caused by the offender to the victim and the community. They can allow the police to deal with low-level offences swiftly and at much lower cost, freeing courtroom resources for more serious cases (Allen, 2017). Transform Justice notes that well-targeted OOCRs can reduce reoffending and are more acceptable and cheaper than court processes. They can reduce the inflow of cases into magistrates’ courts, easing court congestion, by extension easing pressure on prisons and probation by reducing new custodial sentences.
The Independent Review of the Criminal Courts, chaired by Sir Brian Leveson and published in July 2025, calls for greater use of OOCRs at the charging stage in suitable cases. Leveson emphasises their role in freeing court capacity and empowering police officers to utilise the rehabilitative aspects of OOCRs. The Bar Council agreed with this recommendation, stating that diversion and rehabilitation schemes should be integrated to reduce demand on the courts (Bar Council, 2025).
Criticisms of Out of Court Resolutions
Critics argue OOCRs lack transparency, may lead to admissions without legal advice and may erode public confidence and victim satisfaction (Allen, 2017). Some critics suggest that increased use of resolutions may be perceived as being soft on crime, undermining deterrence and public trust.
Not Soft on Crime but Supportive of Rehabilitation
However, OOCRs can include conditions such as restorative justice, treatment or interventions. These tailored responses may facilitate rehabilitation and support rather than defaulting to custodial sanctions. By offering rehabilitation pathways early, OOCRs can address underlying causes of offending while reducing unnecessary court and prison entries. At Red Snapper Managed Services, Out of Court Resolutions have been used for Immediate Justice in Nottinghamshire. This scheme enables low-level first time offender who receive a conditional caution or community resolution the opportunity to repair the harm they have caused by completing unpaid work placements in their local communities. This work can include litter picking and graffiti removal https://www.nottinghamshire.pcc.police.uk/news/immediate-justice-leads-man-to-new-career-path .
Indicative results are positive for this scheme, with a potential reoffending rate of just 7.5% for those that complete an unpaid work placement, compared to 30% that do not. Whilst further analysis on reoffending rates of Immediate Justice is underway, it is clear that diversion schemes used by OOCRs can go a long way to taking the pressure off the courts and prison systems.
OOCRs will not resolve all of the challenges facing the criminal justice system. However, with proper usage and consistent application, they can become an effective component of a wider approach to tackling these crises. When implemented effectively, OOCRs offer a balanced response to low-level offenses, allowing for interventions that focus on rehabilitation, decrease court backlogs and ease the burden on prison facilities. Insights from the Independent Review of the Criminal Courts, along with emerging data from initiatives like Immediate Justice, underscore that well-targeted and supported OOCRs can yield improved outcomes for victims, offenders and the community as a whole.
As demand on prisons, probation and courts continues to rise, the need for alternative solutions focused on rehabilitative interventions will be greater. Utilising the full potential of OOCRs offers an evidence-based approach to reducing pressure across the system while promoting rehabilitation and safer communities.
References
Independent Sentencing Review (no date) Independent Sentencing Review Final report and proposals for reform. Available at: https://assets.publishing.service.gov.uk/media/682d8d995ba51be7c0f45371/independent-sentencing-review-report-part_2.pdf? (Accessed: 22 August 2025).
Allen, R. (2017) Less is more-the case for dealing with offences out of court, Transform Justice. Transform Justice. Available at: https://www.transformjustice.org.uk/wp-content/uploads/2023/02/November2017_Less-is-more.pdf? (Accessed: 22 August 2025).
Bar Council (2025) Leveson report: diversion welcome but no need to curtail trial by jury, warns Bar Council, Barcouncil.org.uk. Available at: https://www.barcouncil.org.uk/resource/leveson-report-diversion-welcome-but-no-need-to-curtail-trial-by-jury-warns-bar-council.html? (Accessed: 22 August 2025).
Justice Data (no date) Individuals entering the criminal justice system – Criminal justice system statistics – Justice Data, Justice.gov.uk. Available at: https://data.justice.gov.uk/cjs-statistics/cjs-entrants? (Accessed: 22 August 2025).
Revolving Doors (2025) Beyond the courtroom: The Leveson Review and the unrealised…, Revolving Doors. Available at: https://revolving-doors.org.uk/beyond-the-courtroom-the-leveson-review-and-the-unrealised-potential-of-out-of-court-disposals/ (Accessed: 22 August 2025).
Siddique, H. (2025) Jury-free trials proposed to save criminal justice system from collapse, the Guardian. The Guardian. Available at: https://www.theguardian.com/uk-news/2025/jul/09/jury-trials-must-be-limited-to-save-criminal-justice-system-from-collapse-inquiry-finds? (Accessed: 22 August 2025).