What is a community resolution and does it give me a criminal record?

A community resolution is the most informal type of out-of-court disposal available to the police in England and Wales. It is used for low-level offences, usually where the offender admits responsibility and the victim agrees that a formal prosecution is not necessary. It is not a conviction and does not form part of your criminal record in the traditional sense.

A community resolution typically involves the offender agreeing to take some action to make amends: this might be an apology to the victim, payment for damage caused, participation in a restorative justice session with the victim, or an agreement to undertake specific actions such as attending a counselling programme. The process is designed to be proportionate to the offence and to address the harm caused without the expense and formality of court proceedings.

The key distinction between a community resolution and a formal caution is that a community resolution is not a statutory disposal. It is based on police guidance rather than legislation, and it does not appear on a standard DBS (Disclosure and Barring Service) check. However, and this is critical to understand, a community resolution is recorded on police systems and can be disclosed on an enhanced DBS check. Enhanced checks are required for people working with children and vulnerable adults, and for certain other roles. A chief constable has discretion to disclose community resolutions on enhanced checks if they consider the information relevant to the role being applied for.

Eligibility for a community resolution is at police discretion. Generally, it is considered appropriate for first-time or low-level offenders, for offences such as minor criminal damage, minor theft, minor assault (where the victim supports this approach), and anti-social behaviour. The victim's view is taken into account, and the victim should agree that a community resolution is appropriate. More serious offences, repeat offending, or cases where the victim wants a prosecution are unlikely to be dealt with by community resolution.

If you are offered a community resolution, you should understand what is being recorded and the potential for disclosure on enhanced DBS checks before you agree. You are not obliged to accept: you can decline and the police will then decide whether to take no further action, issue a caution, or refer the matter for prosecution. If you have any doubt about whether to accept, seek legal advice before agreeing.

Key Points

• A community resolution is an informal out-of-court disposal for low-level offences
• It does not result in a criminal conviction or appear on a standard DBS check
• It is recorded on police systems and can be disclosed on enhanced DBS checks
• The offender must admit responsibility and the victim should agree to the disposal
• It may involve an apology, compensation, restorative justice, or other agreed action
• You are not obliged to accept a community resolution: you can decline
• Community resolutions are used at police discretion, typically for first-time or low-level offenders
• Seek legal advice before accepting if you are concerned about the implications for DBS checks