09/07/2025
By Jonathan Hussey
This week, retired judge Sir Brian Leveson delivered his long‑awaited Courts Review—a comprehensive 380‑page analysis addressing the escalating backlog in Crown Courts across England and Wales.
The review, commissioned to propose solutions to delays and inefficiencies, outlines 42 recommendations.
Among the most notable is a proposed expansion in the use of Out‑of‑Court Disposals (OOCDs) for lower-level offences to alleviate pressure on the courts.
The Crown Court backlog has now surpassed 75,000 cases, with many trials delayed for more than a year. Leveson argues that OOCDs, when used appropriately, can deliver swift justice, reduce reoffending, and allow courts to prioritise more serious cases.
The Case for OOCDs: Speed, Rehabilitation, and Victim Involvement
OOCDs, including Community Resolutions, Cautions, and Conditional Cautions, are designed to resolve cases outside of traditional court proceedings. They are particularly effective when the offender accepts responsibility, and the offence is less serious.
Research from Transform Justice shows that many victims prefer reparative outcomes over punishment, especially when they can participate in the resolution process. In one case, a dog-bite victim reached a resolution with the offender involving safety measures and a direct apology, with the matter concluded within two weeks.
RAND Europe’s 2023 study highlighted the value of OOCDs for offenders facing mental health or addiction challenges, especially when paired with health or social service interventions. These disposals also tend to have lower reoffending rates than short prison sentences or fines. However, RAND noted inconsistent application across police forces and called for improved data systems, training, and support services.
Acknowledging Victim Concerns
Despite their benefits, OOCDs are not universally supported by victims. Research has shown that satisfaction is heavily dependent on clear communication, meaningful involvement, and the opportunity to have their views considered. The Sentencing Academy found that victim confidence increases significantly when they feel the disposal addresses the harm caused.
However, concerns have arisen about inappropriate use. Media reports have cited instances of serious offences (such as low-level sexual misconduct) being dealt with via Conditional Cautions or Community Resolutions. Critics argue that this undermines public confidence and risks marginalising victims of such crimes.
HM Inspectorate of Probation has also warned that when OOCDs are implemented without restorative justice elements or adequate victim engagement, the process can feel insufficient or tokenistic.
Impact on Practitioners
For police, probation officers, and restorative justice teams, OOCDs offer a practical way to resolve low-risk cases promptly. They allow professionals to focus on rehabilitation of more complex individuals. Examples of how Red Snapper Managed Services have worked with OOCD can be seen here: https://www.rsms.ltd/evidence-impact-2/
Frontline practitioners stress the importance of adequate training, access to community services, and a robust assessment process to determine the appropriateness of OOCDs. When used well, they can reduce reoffending and improve outcomes for all parties involved.
Looking Ahead
While Leveson’s recommendations are not yet adopted as policy, the Ministry of Justice is expected to respond later this year. If implemented, the expansion of OOCDs could significantly reduce delays in the justice system, lessen pressure on the prison estate, and provide faster, more targeted resolutions for minor offences.
However, the success of such reforms will depend on maintaining safeguards for victims, ensuring transparency, and avoiding misuse in sensitive cases. OOCDs must be more than just administrative shortcuts, they need to be thoughtful, supported, and properly monitored.
Conclusion
Sir Brian Leveson’s proposals offer a compelling case for broader use of OOCDs as part of systemic court reform. When supported by effective processes and victim engagement, OOCDs can offer timely, proportionate, and rehabilitative justice. Yet public trust and fairness depend on ensuring that victims are not side-lined and that disposals remain a credible and transparent alternative to prosecution.
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