When someone is accused of harassment, the case does not always proceed to court. For lower-level incidents, police may use a process known as a community resolution order. This is designed to deal with minor offences quickly and proportionately, without the need for formal action. While it is not a conviction, a community resolution is a police power that still carries consequences, particularly when it comes to police records and future disclosure.

This guide explains how community resolution orders are used in harassment cases, how they are recorded by the police, and the legal considerations if you are asked to accept one.

Understanding Community Resolution Orders

A community resolution is an informal way of dealing with certain crimes, including minor harassment, minor assaults, low-value theft and other anti-social behaviour. It is not a court order or a formal caution, but rather an agreement facilitated by the police between the offender and the victim.

The purpose is restorative justice, which means encouraging the offender to take responsibility for their actions and make amends for the harm caused. This could involve:

• Offering a verbal or written apology.
• Paying compensation to the victim.
• Returning stolen property or repairing damage.
• Agreeing to certain conditions, such as avoiding further contact with the victim.

Community resolutions are voluntary. The offender must admit the offence, and the victim must agree to this way of dealing with the matter. If either party is unwilling, the police may pursue formal action instead.

Are Community Resolution Orders Recorded on the Police National Computer?

Although a community resolution is not a conviction, it will be recorded by the police. It is usually kept on local police systems and can also be placed on the Police National Computer, where it may be retained for intelligence purposes.

While it does not carry the same weight as a criminal record, the fact that it is recorded can still have implications. For example, if further offences are committed, police will be aware of the previous incident and may be less inclined to deal with the matter informally again.

The decision to disclose a community resolution in future vetting processes rests with the chief constable or another senior officer. They will consider the relevance of the offence, the circumstances and the harm caused when deciding whether it should appear on checks.

Will a Community Resolution Appear on a DBS check?

The information disclosed through the Disclosure and Barring Service (DBS) varies according to the level requested by the employer or organisation:

• Basic DBS check: Community resolutions are not shown.
• Standard DBS check: They are not usually included, as this level of check records convictions, cautions, reprimands and warnings.
• Enhanced DBS check: A community resolution may be disclosed if the police consider it relevant. The decision rests with the chief constable, who will take into account factors such as the seriousness of the incident, the age of the offender and the type of role being applied for.

As a result, while community resolutions are intended as an informal way to deal with low-level offences, they can still affect employment or voluntary opportunities that require an enhanced DBS check, particularly in roles involving children or vulnerable adults.

What Happens if Further Action Is Needed?

Community resolutions are usually reserved for one-off or minor incidents. If the offender breaks the agreement - for example, by contacting the victim again or acting in a threatening manner - or goes on to commit further offences, the police may choose to take formal action instead.

This could include:

• A formal police caution.
• Prosecution through the courts.
• Recording the incident for intelligence purposes when considering bail or future charging decisions.

Community resolutions are not an easy way out. They rely on the offender’s willingness to change their behaviour. Repeat incidents are unlikely to be dealt with in the same way.

How JMW Solicitors Can Help

If you have been offered a community resolution order for harassment, or you are concerned about how one might affect your future, JMW can provide clear legal advice. We assist clients who:

• Want to understand the implications of accepting a community resolution.
• Are concerned about disclosure on standard or enhanced DBS checks.
• Believe the process has been unfairly applied.
• Are facing prosecution after a previous informal agreement.
• May be facing prosecution for anti-social behaviour but could have the matter dealt with by way of a community resolution.

Our experienced criminal defence solicitors can advise individuals on the full range of outcomes within the criminal justice system. We can help you assess your options, protect your position and challenge decisions where appropriate.