Home > NEWS > CJI News Archive > 2024 > Oct-Dec > Terms of reference published for An Inspection of the PSNI Use of Community Resolution Notices

Terms of reference published for An Inspection of the PSNI Use of Community Resolution Notices

23/10/2024
Criminal Justice Inspection Northern Ireland (CJI) proposes to undertake an inspection of the Police Service of Northern Ireland (PSNI) use of Community Resolution Notices (CRNs).

 
CRNs were introduced as a non-statutory disposal available to the PSNI from 30 June 2016 and were the only informal ‘out-of-court’ outcome assigned to crimes recorded by the police in Northern Ireland.   On 1 August 2024 arrangements for use were revised, which included adding additional offences to the authorised list for CRN disposal and amendments to the required levels of supervisor authorisation prior to issue.
 
The use and recent revision of CRNs by the PSNI was part of a broader approach, that included the Working Together Programme with the Public Prosecution Service for Northern Ireland (PPS),[1] to address avoidable delay, take lower-level offending out of the prosecution and court process and improve case progression within the criminal justice system.   This was not unique to Northern Ireland with informal out-of-court community resolution available as a possible policing response to simplify and speed up justice across the United Kingdom.  As an informal method for responding to crime, community resolution traditionally involved elements of restorative justice and was intended to achieve a proportionate response to certain levels of offending and more just outcomes for victims.  Unlike a Caution, which was the main formal out-of-court disposal recorded by the PSNI, CRNs did not result in a criminal record.*
 
Effective governance of the PSNI’s use of CRNs to ensure fair and proportionate outcomes was imperative to their legitimacy.  As with all exercises of discretion, appropriate safeguards and monitoring were required.  Reflecting the true extent of intervention work required to deliver CRNs was also key.  As the Prison Reform Trust had stated in evidence to the House of Commons Justice Committee, ‘…proper diversion as opposed to simply ignoring low-level offending is not cheap.’[2]
 
Context
 
There were 104,344 offences recorded by the PSNI in 2023-24 and 33,213 offences detected.[3]  This was a sanction outcome rate of 31.8% and was the highest recorded since the data series commenced in 1998-99.[4]  The majority of crimes with a sanction were dealt with by means of charge or summons followed by CRNs.  The PSNI reported that compared to England and Wales ‘twice as many of our cases are settled without going to court’ by, for example, community resolution with 9.1% out-of-court sanction outcomes in Northern Ireland compared to 3.95% in England and Wales.[5]
 
CRNs had increased from 3.9% of all outcomes assigned to crimes in Northern Ireland during 2015-16 to 7.2% in 2023-24.   They represented the main out-of-court disposal increasing from half of all out-of-court sanctions (comprising Cautions, PNDs, and CRNs) in 2015-16 to almost four fifths in 2023-24.[6] 
 
This continued a trend highlighted by CJI in its January 2015 inspection of the police use of discretion.[7]  It noted that ‘discretionary disposals,’ rebranded as CRNs in June 2016, represented the main growth in alternatives to prosecution.  While use of discretionary disposals had been higher than the PSNI originally envisaged, the inspection found that most cases were appropriate.  Governance and quality assurance, however, was inconsistent.  A main strategic recommendation called for review of the governance and management of all non-PPS disposals by the PSNI together with the PPS.  Operational recommendations were made relating to consultation with Youth Diversion Officers, recording of decision-making processes, improved equity monitoring, guidance and continued monitoring through dip-sampling.
 
A CJI Follow-Up Review in 2021 found that the main strategic recommendation had been partially achieved.[8]  Quality assurance methods required further development, as well as performance management information particularly the availability of reoffending data which had been limited.   Six of eight operational recommendations were achieved.   One recommendation, focused on the development of an electronic system for alternative disposals, was not achieved and there had been partial achievement of a recommendation for enhanced equality monitoring. 
 
The most recent Youth Justice Agency annual workload statistics showed that it delivered a total of 1,159 CRN programmes with educational sessions on topics such as drugs, alcohol, public order or criminal damage with new topic areas added as appropriate.[9]  The YJA’s involvement in the delivery of CRN programmes with children was considered in CJI’s inspection of Youth Interventions.[10]   While feedback from children and families about the support provided had been positive, better monitoring to understand patterns in CRN use and levels of work and interventions required was needed.  A recommendation was made and accepted for the YJA, the PSNI and the PPS to agree an action plan to evaluate the approach to CRNs for children.
 
CJI was also aware that the PSNI had been reviewing its partnership arrangements for the delivery of CRNs.   Its Criminal Justice Branch, in collaboration with criminal justice partners, had been designing a pilot scheme for delivery with accredited Community Based Restorative Justice organisations.  Phase one of the pilot proposed that offending within the scope of a CRN would be considered for Restorative Justice referral.  The PSNI has indicated that, ‘This work, in the delivery of a pilot scheme, will contribute to delivering the recommendations outlined in [CJI’s] ‘Review of Community Restorative Justice Ireland and its Accredited Schemes.’[11]   
 
Aims of the Inspection
The aims of the Inspection are to:
  • examine the strategic and policy framework for CRNs and the strategic accountability mechanisms in place for their use and evaluation;
  • review the effectiveness of CRN governance including recording, quality assurance, performance management and equality monitoring;
  • examine the types and trends of offences CRNs are used for and any variations across PSNI Districts;
  • examine the operational delivery of CRNs and effectiveness of supervisory oversight by the PSNI;
  • assess progress against previous CJI recommendations;
  • assess the effectiveness and accessibility of CRNs in delivering outcomes for victims and proportionate responses to offending;
  • assess the availability and efficacy mechanisms to evaluate the effectiveness of CRNs in addressing offending behaviour;
  • examine the effectiveness of partnership arrangements in the delivery of CRNs and mechanisms in place to ensure resource and funding adequately reflects CRN work being delivered;
  • assess how the effectiveness of CRN use is benchmarked against international standards and good practice elsewhere; and
  • any other matters arising during the inspection if considered appropriate by CJI may be included.
 
Methodology
 
The inspection will be based on the CJI Inspection Framework for each inspection that it conducts. The three main elements of the inspection framework are:
  • strategy and governance;
  • delivery; and
  • outcomes.
 
Constants in each of the three framework elements and throughout each inspection are equality and fairness, together with standards and best practice.  The CJI inspection methodology can be found in The Inspection Process on our website.
 
Design and Planning
Preliminary research
Data and initial information has been reviewed in order to inform the inspection.   
 
Benchmarking, research and data collection
Collection of benchmarking information and data, where available, from other jurisdictions and sectors in Northern Ireland and a review of inspection and research reports will be undertaken.
 
Contact with agencies
Terms of reference will be prepared and shared with the PSNI, the YJA and the PPS, as well as the Department of Justice (DoJ) and the Northern Ireland Policing Board, prior to the initiation of the inspection.  Liaison Officers from the organisations should be nominated for the purposes of the inspection.
 
Delivery
 
Stakeholder consultation
Interviews and focus groups will be conducted with relevant stakeholders to give an insight into the issues affecting the inspection. 
 
 
Self-assessment
The PSNI as the main organisation to be inspected will be asked to undertake a self-assessment which will be reviewed by CJI prior to undertaking fieldwork.
 
Other criminal justice organisations may be asked to undertake a self-assessment targeted towards their specific role in the delivery and/or governance of CRNs.
 
Development of fieldwork plan
CJI will liaise with the inspection liaisons in each organisation to arrange a series of meetings and focus groups with relevant individuals and groups mostly within the PSNI and also within the YJA and the PPS.  The DoJ, the Northern Ireland Policing Board and Policing and Community Safety Partnerships will also be consulted. 
 
Inspectors will consider consultation with people who have received a CRN and victims if feasible and appropriate.
 
Case file reviews with the PSNI focused on the use of CRNs will be undertaken during fieldwork and planned with the PSNI inspection liaison.
 
Initial feedback to agencies
On conclusion of the fieldwork the evidence will be collated, triangulated and analysed and emerging findings will be developed. CJI will then present the findings to the PSNI, the YJA, the PPS, the DoJ and the Northern Ireland Policing Board as appropriate.
 
Drafting of report
Following completion of the fieldwork and analysis of data a draft report will be shared with the inspected bodies for factual accuracy check.  The Chief Inspector will invite the inspected bodies to complete an action plan within six weeks to address the recommendations and if the plan has been agreed and is available it will be published as part of the final Inspection Report.  The Inspection Report will be shared, under embargo, in advance of the publication date with the inspected bodies.
 
Publication and Closure
A report will be sent to the Minister of Justice for permission to publish.  When permission is received the report will be finalised for publication.  A press release will be drafted and shared with the inspected agencies prior to publication and release.  A publication date will be agreed and the report will be issued.
 
Indicative Timetable
 
Scoping/Research: September 2024
 
Stakeholder consultation: October - November 2024
 
Agency fieldwork: November - December 2024
 
Draft Report to agencies: February 2025
 
Factual accuracy feedback received: February - March 2025
 
The above timetable may be impacted by factors outside CJI’s control.  The inspected organisations will be kept advised of any significant changes to the indicative timetable.
 
 
*Amendment 11/04/2025 to remove reference to Penalty Notices for Disorder, which did result in a criminal record.
 
[2] House of Commons Justice Committee, Children and Young People in Custody (Part 1): Entry into the youth justice system, Twelfth Report of Session 2019-21, 2 November 2020 available at https://committees.parliament.uk/publications/3399/documents/32490/default/
[3] Offences recorded are all those reported to police where the offence is within the Home Office notifiable offence list and where the Home Office National Crime Recording Standard and Counting Rules have been applied.  Offences detected are those with a sanction outcome.  ‘Calculation Example, 111,571 crimes recorded during 2022-23 with 34,643 crimes detected by means of a sanction outcome and 67,716 crimes resulting in no formal action during 20220-23.  This gives a sanction ‘outcome rate’ of 31.1% and an ‘outcome rate of’ 60.7% for crimes resulting in no formal action’ (PSNI, User Guide to Police Recorded Crime Statistics in Northern Ireland, 24 November 2023 available at https://www.psni.police.uk/sites/default/files/2023-11/Police%20Recorded%20Crime%20User%20Guide.pdf)
[4] See PSNI, Police Recorded Crime Tables Period Ending 31st March 2024, Table 16A & 16B, spreadsheet accompanying PSNI, Police Recorded Crime Bulletin Period Ending 31st March 2024, published 16 May 2024 available at Police Recorded Crime Bulletin Period Ending 31st March 2024.pdf (psni.police.uk). Also PSNI, Trends in Police Recorded Crime in Northern Ireland 1998/99 to 2022/23, 24 November 2023 available at Trends In Police Recorded Crime 1998-99 to 2022/23 (psni.police.uk).
[5] PSNI, Our Performance, Recent Highlights: Crime Rates in Northern Ireland, 16 August 2024 available at  https://www.psni.police.uk/about-us/our-publications-and-reports/our-performance.
[6] See PSNI, Police Recorded Crime Tables Period Ending 31st March 2024, Table 16A & 16B, spreadsheet accompanying PSNI, Police Recorded Crime Bulletin Period Ending 31st March 2024, published 16 May 2024 as above.
[7] CJI, Police use of discretion incorporating Penalty Notices, January 2015 available at  https://www.cjini.org/getattachment/a508de4d-18de-49dd-9c29-65a2212b8676/report.aspx
[8] CJI, Police Use of Discretion Incorporating Penalty Notices – A follow-up review 18 February 2021 available at https://www.cjini.org/TheInspections/Action-Plan-Reviews-Inspection-Follow-Up-Revie/2021/January-March/Police-use-of-Discretion-Incorporating-Penalty-Not.
[9] NISRA, Northern Ireland Youth Justice Agency Annual Workload Statistics 2023/24, T. Brown, 19 September 2024 available at https://www.justice-ni.gov.uk/sites/default/files/publications/justice/Youth_Justice_Agency_workload_statistics_2023-24.pdf.
[10] CJI, Youth Interventions: An inspection of the Youth Justice Agency’s Community Interventions, 5 September 2024 available at https://www.cjini.org/TheInspections/Inspection-Reports/2024/July-Sep/Youth-Interventions.
[11] Northern Ireland Policing Board, Written Question to the Chief Constable, Referrals made to restorative justice organisations, 01 February 2024, asked by Board Member Les Allamby available at https://www.nipolicingboard.org.uk/questions/referrals-made-restorative-justice-organisations; see also the CJI inspection: CJI, Review of Community Restorative Justice Ireland and its Accredited Schemes, May 2023 available at https://www.cjini.org/TheInspections/Inspection-Reports/2023/Apr-June/Review-of-Community-Restorative-Justice-Ireland-an.
 
 
Please note: URLs included in these Terms of Reference may stop working overtime