OOCRs, which are meant to be used by police for low-level and first-time offending, are now being dispensed for domestic abuse, assault of an emergency worker and even knife crime, the Magistrates’ Association says. Their use has increased 10% in the past year, according to the Ministry of Justice criminal justice statistics quarterly: September 2025, published in January.
The Magistrates Association called this week for urgent national reform, highlighting discrepancies in the handling of similar offences in different regions, which it argues undermines fairness and damages public trust. It pointed out that OOCRs are not administered publicly, leading to a lack of transparency and record-keeping.
The association also warned that, since many OOCRs are not recorded on the Police National Computer, magistrates may be unaware of a defendant’s prior conduct or any conditions previously imposed by police. This may obscure patterns of repeated offending, particularly in domestic abuse and stalking cases, where escalation is common.
David Ford, national chair of the Magistrates’ Association, said OOCRs ‘have a place in a modern justice system, but their use is neither transparent nor consistent.
‘We have a situation where police in some areas are imposing conditions that mirror court sentences—with little oversight and no public scrutiny. That risks creating a shadow justice system operating beyond the view of victims, other police forces, the public, and even the courts.
‘OOCRs should complement the courts, not replace them. Only a clear national framework, proper accountability, and full visibility for magistrates will restore confidence and protect the integrity of judicial decision-making.’
The Magistrates Association called for full disclosure to the courts, so magistrates can see all OOCRs previously issued to a defendant,
It recommended clarifying the boundaries between police and court powers and limiting OOCRs to genuine low-level offending such as minor criminal damage or being drunk and disorderly. It called for an independent OOCR scrutiny panel in every police force, with publicly available quarterly data, as well as dedicated panels to scrutinise youth cases.
