Out-of-court sanctions include reprimands, cautions and fixed penalty fines
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Watchdogs have criticised the “piecemeal and largely uncontrolled” use of out-of-court punishments.
The chief inspectors of constabulary and prosecution said the powers were sometimes used for persistent and more serious offenders.
The report calls for a strategy on the use of penalties across England and Wales to protect public confidence.
Almost half a million crimes were dealt with through cautions or other out-of-court powers in 2010.
Out-of-court sanctions also include reprimands, fixed penalty fines and restorative justice projects. The powers were expanded to help police clear up more crimes while at the same time avoid clogging up courts with minor offences.
But the report says while they are now important criminal justice tools, they are being used inconsistently.
The inspectors said they found wide variations in their use across police force areas, with some offenders given repeated cautions when they should be in court.
The watchdogs sampled 240 cases, 190 of which were dealt with out-of-court, and found about a third of the decisions had been wrong, largely because they involved repeat offenders who should have been in court.
Percentage of solved offences dealt with by out-of-court sanctions in 2009 – examples from different forces26% West Yorkshire32% West Midlands35% Gloucestershire40% Lincs43% Merseyside49% Gwent
In one case, inspectors said a “prolific” shoplifter who had also assaulted a police officer had never been to court, despite four years of offending.
“The substantial growth in the use of out-of-court disposals has created some disquiet among criminal justice professionals over inconsistencies in their use, in particular for persistent and more serious offending,” said the inspectors.
“In view of the growth and wide variations in practice, and the consequences for offenders and victims as well as for public confidence in the criminal justice system, we believe the time has come to formulate a national strategy to improve consistency in the use of out-of-court disposals across England and Wales, and we have made this our primary recommendation.
“There is nothing more likely to diminish public confidence in the criminal justice system in its widest sense than a sense of unfairness.”
The report’s criticisms come amid doubt over Justice Secretary Ken Clarke’s proposals to reform sentencing and rehabilitation.
On Wednesday it emerged that a controversial proposal to offer offenders a 50% sentence cut for early guilty pleas is likely to be scrapped or significantly curtailed.
Mr Clarke’s remaining sentencing proposals include a plan to expand restorative justice and community penalties. Both elements are a key part of his strategy to reduce criminal justice costs.
A government spokesman said: “Criminals must be punished appropriately and the police and prosecutors must have the right powers available to stop crime in communities.
“Out-of-court disposals are an important way of ensuring there are swift consequences for offenders, but it is crucial such powers are used in the right way.
“That means consistently and not against serious criminals who should face tougher sanctions.”
This article is from the BBC News website. © British Broadcasting Corporation, The BBC is not responsible for the content of external internet sites.

The EIS union is worried about low pay being an added burden on new teachers
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Union bosses are urging Scotland’s largest education authority to clarify its call for all probationer teachers to be put on half pay.
The Glasgow Council plan would see staff classed as probationers for two years instead of one and be on £10,700 for two consecutive years.
The Education Institute of Scotland said the country-wide plan was a worry.
It has been submitted to the Scottish government’s inquiry into the profession’s pay and conditions.
The EIS, which begins its annual conference later, said that if the suggestion was adopted, low pay would be an added burden for new teachers who may have student debts and significant problems finding work.
The union’s Hugh Donnelly said: “Any proposal that suggests teachers’ wages should be halved in their first two years would obviously be of great concern.
“New emerging teachers face a whole number of problems trying to secure full-time jobs and enter the profession already burdened with debt.
“This would be an added burden for them.”
“Consideration should be given to making this a two year experience for all post-graduates, paid at 0.5 full time salary”
Glasgow Council submission to McCormac review
The council’s submission, which has been seen by BBC Scotland, said: “The one year probationer experiences needs to be reviewed in the light of Donaldson [teacher education reforms].
“Consideration should be given to making this a two year experience for all post-graduates, paid at 0.5 full time salary.”
A spokeswoman for the council said what was implied was that teachers should receive half of their probationer salary while in their last year at teacher training institutions.
At the last count, there were almost 3,000 probationer teachers in Scotland. The probationer period currently lasts a year with a salary of £21,400. The following year it rises to £25,700.
The Scottish Government has commissioned Professor Gerry McCormac of Stirling University to review teachers’ pay and conditions.
It is now more than a decade since staff saw changes under the landmark McCrone deal.
The deadline for submissions to the McCormac review was Easter and a report is expected in September.
If the Glasgow Council proposal is adopted by the review, then it would apply to all probationer teachers in Scotland.
The Scottish government will then decide which recommendations it wishes to adopt.
Last month the BBC obtained a copy of a confidential submission from Cosla, the umbrella body for local authorities.
It proposed shortening teachers’ holidays, lifting the cap on their hours and requiring them to undertake further training.
This article is from the BBC News website. © British Broadcasting Corporation, The BBC is not responsible for the content of external internet sites.

The two Manchester clubs are at different ends of the Premier League wage spending ratios
The proportion of income that Premier League clubs spend on wages hit a record 68% in 2009-10, a report into football finances by Deloitte says.
While Manchester United spent 46% of its revenue on pay, rivals Manchester City splashed out a massive 107%.
Chelsea again topped the wages bill, as they have done every season since 2002-03, at £174m.
“This new high is worrying, something Uefa’s financial fair play rules should address,” said Deloitte’s Dan Jones.
Mr Jones said there were signs of wage discipline in clubs near the bottom of the Premier League, while those near the top earned such large revenues that it helped them keep the wage ratios down.
“The problem is with the middle tier of clubs, those who are neither chasing a Uefa place or facing relegation,” said Mr Jones.
“And of course Manchester City and Chelsea are going to need to get wages under control for the financial fair play rules.”
Those rules, which encourage football teams to balance revenues and costs, will start taking account of clubs’ finances from next season.
To obtain a Uefa licence to play in the Champions League or Europa League, a club has to meet those break-even financial requirements.
The Deloitte report shows Premier League revenues increased by 2% to exceed £2bn for the first time in the 2009-10 season.
“While football’s revenue performance has been spectacular, sustainably managing its costs remains football’s primary business challenge,” Mr Jones added.
TOP PREMIER LEAGUE WAGE BILLS 2009-10Chelsea – £174m (£167m)Man City – £133m (£123m)Man Utd – £132m (£123m)Liverpool – £121m (£107m)Arsenal – £111m (£104m)
Source: Deloitte, 2008-09 wage bills in brackets
But the “relentless growth in wages” has resulted in operating margins in the top division falling from 16% to 4% over the lifetime of the Premier League.
And other challenges remain – including debt, warnings from the government about football governance, and continued interest from tax and revenue authorities.
Meanwhile, the overall operating losses for the top four divisions in England now outstrip the Premier League’s profits.
The 92 league clubs as a whole lose money on their day-to-day operations – and at the pre-tax level, losses have continued to grow, hitting £600m in 2009-10.
Meanwhile, collective club debts stand at around £3.5bn.
There are many challenges in the divisions below the Premier League, where Deloitte says the Championship is “a league of real contrasts”.
Relegated clubs from the top tier receive the financial cushion of parachute payments, but many others in their league are feeling the pain of the tough financial environment.
Matchday and commercial revenues are already reducing, and from 2012-13 the value of the new domestic TV deal will be about a quarter less than the present one.
“Given the ongoing debt situation, and with credit continuing to be a major challenge, clubs will need to quickly adapt to their prospective trading environment,” says Mr Jones.
PREMIER LEAGUE FINANCES 2009-10Increased revenues to nearly 2.5bn euros, 800m euros ahead of second highest revenue earning league, the BundesligaBroadcasting revenue up 7% to £1,004m – the first £1bn revenue stream of any domestic football leagueArsenal, Liverpool, Manchester United and Tottenham generated profitsLarge losses at Chelsea and Manchester CityPre-tax losses after financing and player trading hit record £445mDebt at £2.6bn, down from £3.3bnNon-interest bearing “soft” loans account for 38% of net debt
Source: Deloitte
Down the decades, the report observes, there have been many football funding models – investment from the City, then media companies, and now many clubs are owned by wealthy individuals.
“A ‘trophy asset’ model – requiring ongoing investment in losses and delivering returns only in the form of capital growth on changes of ownership – remains prevalent as competitive pressure to win outweighs any desire to limit wage costs,” it adds.
However, the report says that professional football has proved itself to be robust – having in the past decade overcome the collapse of ITV Digital and Setanta, as well as coming through the recent economic downturn.
In fact, no Football League club has gone out of business since Maidstone in 1992.
“Despite the challenges, English football has never been so popular,” says Mr Jones.
“Football clubs elsewhere in the world would no doubt be glad to trade their position for those of similar-sized English clubs, while other domestic sports look at football enviously.”
This article is from the BBC News website. © British Broadcasting Corporation, The BBC is not responsible for the content of external internet sites.
