Out of Court Disposals
If you’ve been called for an interview under caution, it’s a stressful situation, especially if you fear criminal charges could be brought against you. However, in many cases, an out-of-court disposal may be a suitable option, allowing you to avoid being charged and potentially facing court proceedings. At Allen Hoole Solicitors, we specialise in securing out-of-court disposals for our clients, working with police and prosecutors to find alternative resolutions wherever possible.
We are available 24 hours a day, 365 days a year, and cover police stations throughout the South West of England, offering expert representation in all criminal and regulatory offences.
Why Early Legal Representation is Crucial
When you are under investigation, especially during an interview under caution, having a solicitor present is essential. Our proactive approach ensures that we make representations on your behalf, aiming to secure the best possible outcome—ideally without going to court. We will work to achieve an out-of-court disposal where suitable, protecting you from the stress, cost, and long-term consequences of a court case.
What Are Out-of-Court Disposals?
An out-of-court disposal is a way of resolving a criminal matter without formal court proceedings. These options are typically used for less serious offences and are often aimed at addressing the issue while offering a more proportionate response than a criminal charge. The goal is to provide a resolution that reflects the nature of the offence while avoiding the negative impact of a criminal record.
There are several options for out-of-court disposals:
Community Resolution
Community resolution is an informal agreement used for minor offences. It usually involves the offender taking responsibility for their actions and making amends to the victim. This could include an apology, reparative work, or even compensation. Community resolution is ideal for minor crimes where both parties agree that this approach is a better solution than formal charges.
How we help: At Allen Hoole Solicitors, we can negotiate on your behalf to secure a community resolution by working closely with the police and ensuring your rights are protected during the process.
Conditional Caution
A conditional caution is more formal than a community resolution but still avoids a court appearance. It involves the individual admitting to the offence and agreeing to comply with certain conditions. These conditions could include attending a rehabilitation program, paying a fine, or performing community service. If the conditions are met, no further action is taken. However, failure to comply can lead to prosecution.
How we help: We negotiate the best possible conditions for a conditional caution and ensure that they are reasonable and achievable, helping you avoid prosecution.
Youth Cautions
For offenders under 18, a youth caution is available for minor offences. This option involves the young person accepting responsibility for their actions and receiving a formal caution. In some cases, a youth conditional caution may be applied, where conditions are attached to the caution.
How we help: Our team will ensure that any young person facing an interview under caution receives appropriate legal support. We will work to secure a youth caution where suitable, avoiding more severe consequences.
No Further Action
If the police determine that there is insufficient evidence to proceed with a case or that prosecution is not in the public interest, they may decide to take no further action (NFA). This means that no charges will be brought, and the investigation will be closed.
How we help: We monitor the investigation closely and make representations on your behalf, presenting evidence and arguments to encourage the police to conclude the matter with no further action.
Restorative Justice
Restorative justice involves bringing the offender and the victim together to discuss the harm caused by the offence. The focus is on repairing relationships and finding a way for the offender to make amends. This can be a more constructive solution than formal prosecution, especially for minor or first-time offences.
How we help: We can facilitate restorative justice solutions by liaising with both the victim and law enforcement, helping you resolve the matter without the need for court action.
Why Choose Allen Hoole Solicitors?
At Allen Hoole, we understand the pressure and uncertainty that comes with being under investigation. Our proactive approach involves early engagement with police officers and investigating authorities to secure an out-of-court disposal wherever possible. Just because you were represented by another firm during your police station interview doesn’t mean you have to stay with them. You are free to transfer your case to us, and we will develop a strategy focused on achieving the best possible outcome.
We are available 24/7 to assist you across the South West of England, ensuring that your case is handled with the utmost care and expertise.
If you are facing an interview under caution or are under investigation, contact Allen Hoole Solicitors today in Bristol, Cheltenham and Keynsham, or fill out our online enquiry form for expert advice and representation. We will work tirelessly to secure the best possible resolution for your case.