Magistrates’ Association warns inconsistent use of out-of-court resolutions risks creating a “shadow justice system” without national oversight
The Magistrates’ Association has called for urgent national reform of out-of-court resolutions (OOCRs), warning that their current use risks undermining key principles of the justice system.
OOCRs were originally introduced as a way for police to deal with low-level and first-time offences without the need for court proceedings, helping to reduce pressure on the courts and deliver swift outcomes.
However, the association said their use has expanded significantly and is now inconsistent across England and Wales, raising concerns about fairness and accountability.
It warned that OOCRs are increasingly being used in more serious cases, including offences such as domestic abuse, assault against emergency workers and knife crime, creating what has been described as a “shadow justice system”.
The concern, it said, is that decisions are being made outside the courts without the same level of scrutiny, transparency or public accountability that would apply to judicial proceedings.
The association pointed to a lack of consistent national oversight, with different police forces applying OOCRs in different ways. This has led to what it described as a “postcode lottery”, where similar offences may result in very different outcomes depending on location.
It also highlighted gaps in information sharing, noting that many OOCRs are not recorded in a way that is visible to magistrates. This means courts may not be aware of previous offending behaviour when dealing with defendants, particularly in cases involving repeat or escalating conduct.
The Magistrates’ Association said this raises wider concerns about core justice principles, including open justice, judicial independence and consistency in sentencing.
Responding to the issue, David Ford said out-of-court resolutions “have a place in a modern justice system”, but warned their current use is “neither transparent nor consistent”.
He said police in some areas were imposing conditions that could mirror court sentences, but without the same level of oversight or public scrutiny, risking the development of a system operating beyond the view of victims, the public and the courts.
The association is calling on the government to introduce a clear national framework to define the proper role of OOCRs and ensure they complement, rather than replace, the courts.
Its recommendations include stronger accountability through independent scrutiny panels, greater transparency around how OOCRs are used, and full disclosure of previous resolutions to magistrates when cases come before the courts.
It also wants clearer boundaries between police and judicial powers, with OOCRs restricted to genuinely low-level offending.
While acknowledging that OOCRs can play an important role in reducing court backlogs and delivering proportionate outcomes, the association said reform is now needed to ensure the system operates fairly and maintains public confidence.