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PRACTICE NOTES
Out of court disposals Out of court disposals (OOCDs) is the term used for a range of pre-charge sanctions imposed by the police and other enforcement agencies to deal with low level, and often first time, offending. There are six OOCD options including simple cautions, conditional cautions, cannabis and khat warnings, community resolutions and penalty notices for disorderly behaviour. See Practice Note: Alternatives to prosecution for adults. While OOCDs provide a valuable tool in dealing with minor offences without recourse to the courts, a government consultation in 2013/2014 recognised the need for reform. It concluded, among other things, that the OOCDs system is unnecessarily complicated and fails to provide meaningful consequences for offenders or to reduce reoffending. Feedback also highlighted that the system has become unwieldy and is used inconsistently between different police forces. The Police, Crime, Sentencing and Courts Act 2022 (PCSCA 2022) will overhaul the OOCDs framework by replacing it with a statutory two-tier system which introduces two types of cautions—diversionary and community—both of which must have conditions attached. The
GLOSSARY
Two separate and independent systems that perform the same task so as to reduce the chances of both failing at the same time.
PRECEDENTS
Key information Name of firm Name of role holder Reports to Role type[full-time/part-time/contractor] If a contractor role, length of contract Primary location Remote/hybrid/office-based? Date role commenced Length of probation period End of probation review date Role summary • To plan and implement the firm’s diversity and inclusion (D&I) strategy and policy. • To ensure compliance with all regulatory and legislative D&I requirements. • To maximise engagement of all employees in D&I. • To build strong working relationships with all departmental managers. • [[Insert any additional role requirements specific to your firm].] Key responsibilities • Working with the management team to build a diverse workplace with an inclusive culture. • Creating and implementing a D&I strategy, policy and processes. • Setting
PRECEDENTS
D&I objective Activities Responsibility Delivery date [Insert details of your D&I objective, eg:][Develop a more diverse workforce and promote an inclusive culture and equality of opportunity for all staff] [Insert details of the activities you will undertake to achieve this objective, eg: ][Take steps to attract a wide and diverse
PRECEDENTS
D&I objectives for the firm Key performance indicator (KPI) Who is responsible for this objective Performance against target [Insert D&I objective, eg All employees to attend unconscious bias training by [date]] [Insert details of the KPIs for achieving this objective, eg:][Unconscious bias training course to be designed in partnership
PRECEDENTS
Our Diversity and inclusion (D&I) statement articulates our commitment to a diverse workforce and an environment that respects individuals and their contributions irrespective of gender, race or other characteristics. We are passionate about attracting, retaining and developing the most talented and skilled individuals from all backgrounds and we value people of all cultures, nationalities, races, religions and ethnicities, regardless of characteristics such as gender, age, disability or sexual orientation. We treat our clients, colleagues and partners fairly and with respect at all times. We understand that diversity of people, perspectives, skills, experiences and ideas creates strength for our business and enables us to provide our clients with the best legal service possible. As a responsible business and employer, it is important for us to act
PRECEDENTS
This Precedent can be used by a firm to benchmark its data across a number of different possible D&I measures and monitor progress over a particular period of time, eg to provide a year on
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained following the UK regulators’ decisions in March 2025 to drop D&I reforms following stakeholder feedback, in light of legislative reforms and to avoid regulatory burdens on firms. D&I is addressed in Practice Note: FCA supervisory and enforcement focus on culture. Proposals around non-financial misconduct were taken forward, see Practice Note: Non-financial misconduct in financial services—essentials. Developments in both areas are tracked in the: Culture and social governance in financial services—timeline. This Practice Note considers the Financial Conduct Authority’s (FCA) and Prudential Regulation Authority’s (PRA) proposed regulatory frameworks to govern diversity and inclusion (D&I) in the financial services sector set out in FCA CP23/20: Diversity and inclusion in the financial sector—working together to drive change and PRA CP18/23: Diversity and inclusion in PRA-regulated firms. It also includes responses and feedback to the proposals. Overview Diversity and inclusion are regulatory concerns, forming part of the FCA’s and PRA’s wider focus on culture and Environmental and Social Governance (ESG) within the financial services industry.
NEWS
The Ministry of Justice (MoJ) and the Judicial Office have announced that filming will be allowed in the Administrative Court for the first time, a move that forms part of a broader initiative to increase transparency in the justice system. The announcement coincided with the launch of the new Judicial and Legal Diversity Board on 21 May 2026.
PRACTICE NOTES
Since the report on the recommendations of the government-backed review by Lord Davies of Abersoch of gender diversity on listed company boards was released in February 2011, the topic of female board representation has rarely left the headlines. The purpose of the review was to identify barriers preventing more women from reaching the boardroom, and to make recommendations regarding actions government and business could take to increase the proportion of women on boards. In 2017, the government-backed Parker Review, led by Sir John Parker, explored ethnic diversity of UK boards and found that minority ethnic directors were vastly under-represented on the boards of the UK’s leading companies. The report outlined the business reasons for increasing ethnic diversity on boards and set a target of an end to ‘all-white’ boards by 2021 for FTSE 100 companies and 2024 for FTSE 250 companies. More recently the Financial Reporting Council (FRC) and investor bodies have increased their focus on other diversity characteristics, such as disability, religious beliefs, sexuality and socio-economic background. This Practice Note summarises the corporate governance
PRACTICE NOTES
This Practice Note is intended for commercial organisations in the UK and is not sector-specific. It explains the data protection implications of workforce diversity monitoring, including whether: • you need consent from the individuals concerned • you can fall outside the scope of the data protection regime by collecting data in an anonymised form Most large commercial organisations collect workforce diversity data and monitor trends. Some organisations also publish their diversity data on their intranet and possibly their external website. There may also be a sector-specific regulatory obligation to report on your diversity data, eg law firms must report their diversity data to the Solicitors Regulation Authority. Why is data protection relevant to diversity monitoring? The UK General Data Protection Regulation (UK GDPR) applies wherever you process personal data. For a definition of personal data, see below: Anonymising diversity data. The type of data organisations collect when monitoring diversity is very likely to constitute special category personal data under the UK GDPR. There are four main types of special category data: • personal data
PRECEDENTS
Why are we collecting diversity data? We collect data on the diversity of our workforce for several reasons: • it is good practice to monitor the diversity of our employees in terms of age, gender, sexual orientation, ethnicity, disability and social mobility • every two years all law firms are required by the Solicitors Regulation Authority (SRA) to collect, report to the SRA and, where appropriate, publish diversity data • we are interested in your opinions as to whether we can do more to build an inclusive culture that works for everybody—this helps us make sure activities and future plans represent the interests of everyone in the firm Do you have to complete this questionnaire? Completing this survey is entirely voluntary. We’d like you to share as much information as you feel comfortable with, but you don’t have to answer every question. You can also answer ‘prefer not to say’ to any question you’re not comfortable with. There will be no adverse consequences