Who is it issued by and how can I contact them?
Issued by the police – contact the administering force.
Does it involve guilt?
Yes – you have to make a clear and reliable admission.
Is it recorded on the Police National Computer (PNC)?
Yes (if it relates to a recordable offence). A facility is available on the PNC which allows an entry to be recorded which does not constitute a ‘criminal record’ but is accessible for police information.
Is it classed as a conviction?
How long will it be on my record?
Although a community resolution order does not result in a criminal record, the information can still be used and taken into consideration if further offences are committed.
When does it become spent?
When do I have to declare it?
It isn’t a caution or a conviction, so isn’t formally covered by the Rehabilitation of Offenders Act 1974.
Is it disclosed on DBS checks?
Not on a standard check.
It might be disclosed as part of an enhanced check in the ‘relevant information’ section, i.e. the offence has a bearing on the kind of work you are applying for. However, in our experience it is rare for community resolution orders to be disclosed in the ‘other relevant information’ section.
Do I have the right to appeal and what is the process?
There is no formal process for rescinding a community resolution order once it has been administered. If you wish to complain about the decision or how the case was handled you need to make a complaint to the Chief Constable or Commissioner of the administering force.
Each police force should be willing to receive requests for community resolution orders to be ‘expunged’ as part of their ownership as Data Controllers of the PNC. However, this is only done in exceptional circumstances, particularly where a significant amount of time has passed since receiving the community resolution order.
A ‘community resolution’ resolves a minor offence or anti-social behaviour incident through informal agreement between the parties involved, as opposed to progression through the traditional criminal justice process.
It is primarily aimed at first time offenders where:-
- there has been an admission of guilt
- the victims views have been taken into account
Community resolution allows police officers to make decisions about how to deal more proportionately with low-level crime.