Summary
Our youth client was 11 years old and was being investigated for an assault allegation after a minor incident at her school. Despite not having been formally interviewed, the Police had asked our client to sign a Community Resolution Order. Thanks to our team’s intervention, we advised our client not to sign the order and the matter was eventually ‘no further actioned’.
Community Resolution Order
We had been informed that the Police would be attending our client’s address for what we ordinarily expected to be a voluntary interview under caution in relation to an alleged assault. When Police arrived at the address, it was not to conduct an interview but instead to have our client sign a Community Resolution Order (CRO).
A CRO is not a conviction, however it is an admission of guilt that is recorded on the Police National Computer. A CRO may also be disclosed as part of an enhanced DBS check, potentially impacting employment down the line.
In order for a CRO to be given, there must be:
- Sufficient evidence to prove that the offence occurred
- Admission from the offender that they committed the offence
As the police had not provided our client with any evidence in this matter or conducted an interview as per their own codes of practice, our Police Station representative Aaron Griffith advised our client that signing the CRO would not be in her best interests. The officer present did not even have any knowledge of the offence, so we were not provided with any evidence by the Police and there were no witness statements or CCTV.
No Further Action
Police Station Representative Aaron Griffith later represented our client at the Police Station for a voluntary interview. It was agreed between Aaron, our client and her appropriate adult that, due to our client’s age and anxiety at being at the Police Station, it would be best to submit a prepared statement denying the allegation.
Following our client’s interview, the investigation was ultimately ‘no further actioned’, meaning that the case was dropped. Had our client signed the CRO, it would have remained on Police records and could have affected her future, despite the finding that there was insufficient evidence to prosecute.
We have been made aware of several instances where Police are issuing CROs without interview by way of resolving a matter, rather than following proper procedure. This case highlights the importance of ensuring that you seek advice from specialist criminal defence experts to avoid any instances of malpractice that may impact your future.
How can Lawtons help you?
With over 200 years collective experience, we are well equipped to deal with all manner of criminal cases and are accustomed with the intricacies of the criminal justice system. We understand how distressing criminal allegations can be so we will do all we can to secure you the best outcome and minimise any disruption on your future.
If you need expert legal advice, please don’t hesitate – contact a member of our team today.
