Tens of thousands of criminals avoid punishment just by apologising to their victims.

A staggering 109,000 offenders – including violent thugs, sex attackers, robbers and drug dealers – took part in restorative justice in the year to September. That was up from 102,700 the year before, a six per cent rise.

They avoid a criminal record because they are not taken to court and do not receive a police caution.

Instead, offenders agree to say sorry face-to-face to those they have wronged and may be ordered to pay compensation or carry out some form of reparation.

The number of criminals being sentenced by the courts has dropped to the lowest level in a decade with just 6% sent straight to jail, official figures show. While a staggering 109,000 offenders took part in restorative justice in the year to September (Stock image)

Supporters of the controversial initiative, also known as community resolution, claim it is a fairer way to deal with culprits while still giving ‘closure’ to those they have wronged.

But MPs and campaigners are horrified at the latest example of ‘soft justice’ that lets so many criminals escape with less than a slap on the wrist.

The Ministry of Justice figures, published yesterday, also reveal that the number of criminals sentenced in court has fallen from 1.39million to 1.18million, the lowest in a decade.

Those being sent straight to jail fell from 100,350 to 75,771, while offenders receiving out of court disposals such as cautions and on-the-spot fines fell by 10,000 to 211,317.

In total, the system in England and Wales dealt with 1.59million criminals, slightly down on the year. However the average jail sentence was the longest in a decade – 18 months – after ministers pledged to get tough on crime.

Last month official figures revealed that 5.8million crimes were recorded by police in England and Wales in the year to September, a rise of 7 per cent and a million more than a decade ago – with knife crime, rapes and sex attacks at record highs.

There were 1.59 million people prosecuted, cautioned or handed penalty notices, drugs warnings or community resolutions in the last year. Of these, 1.37 million were prosecutions

Experts say one reason fewer criminals are being prosecuted is because police are arresting fewer. A report by HM Inspectorate of Constabulary said this was because officers are making greater use of community resolutions, introduced under Labour.

Police guidance suggests officers should use them only for incidents in which no one is hurt, or for anti-social behaviour. But the MoJ figures indicate police are ignoring the rules.

They told me to chat to attacker When Ben Matthews, 18, was savagely beaten by a stranger in an unprovoked street assault, he assumed his attacker would be prosecuted. The student was shocked when he attended a police station and came face-to-face with the offender. Police told Mr Matthews that they wanted the attacker, an off-duty prison officer, to say sorry and take part in community resolution. Ben Matthews, 18, came face-to-face with his attacker, an off-duty prison officer, after he was beaten in Startforth last February Mr Matthews and his family were furious that this meant the unnamed man would not receive a criminal conviction. Mr Matthews’ mother, Jo Law, said: ‘They wanted Ben to sit in the same room and talk to his attacker – he just couldn’t do it. The attack, in Startforth, County Durham, last February, left Mr Matthews cut, bruised and badly shaken. The prison officer received a written warning from the Ministry of Justice and was allowed to keep his job. Mrs Law said: ‘Ben will live with the mental scars of this attack for the rest of his life.’ Advertisement

Last year, 32,012 violent thugs were dealt with by community resolutions, as were 552 sexual attackers, 179 robbers, 29,249 drug offenders and 1,784 caught carrying a weapon.

David Spencer, of the Centre For Crime Prevention think-tank, said: ‘Community resolutions are all well and good for disputes between neighbours or a family argument, but they are totally inappropriate for serious violent and sexual offences.

‘The public will find it staggering and deeply concerning. It defies belief that anyone would find them appropriate for knife crimes.

‘Using community resolutions for serious crimes has to stop. An apology is no deterrent whatsoever.’ Liberal Democrat home affairs spokesman Christine Jardine said unnecessary cuts to police and youth services had fuelled the rise in violent crime.

Amanda Pinto, chairman of the Bar Council, said: ‘What might appear to be faceless statistics tell a human story of injustices which are being repeated over and over in every part of the country.’

A Government spokesman said: ‘This Government is cracking down on crime and restoring public confidence in the justice system – recruiting more police, building extra prison places and making sure violent and sexual offenders spend longer behind bars.’

A female serial offender with 390 previous convictions and a man with 291 previous convictions were spared jail last year, official figures reveal.

The woman was given a sentence of one day’s detention and the male offender was given an absolute discharge.

Tory MP Philip Davies, who uncovered the figures, said they show ‘how weak our criminal justice system is’.