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The Prosecution Team
Manual of Guidance For the preparation, processing and
submission of prosecution files 2011 (Incorporating National
File Standard 2015) MANUAL OF GUIDANCE FOR PREPARATION OF CASE FILES HOW TO USE THIS
MANUAL This manual has been
prepared for use by police officers, police staff and CPS prosecutors
concerned with the preparation, processing and submission of prosecution
files. Every effort has been made to ensure that this manual uses straight
forward language and that it reflects current CJS processes. |
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In support of the
Director’s Guidance on Charging (4th edition), this manual introduces
the concept of a “National File Standard” (NFS) and outlines the process for
upgrading the NFS according to key trial issues identified at a case
management hearing at Magistrate’s Court or for Crown Court Trial. Section1 provides a concise outline of the
case file building process, required file contents and the process for
obtaining CPS charging advice where necessary. Adherence to the guidelines
contained within this section will greatly assist both police and CPS in
ensuring that files are built proportionately and contain the key information
required to support a prosecution. Section 2 provides guidance to police
supervisors regarding the supervision of case files. It outlines the
responsibilities that police supervisors have in respect of the endorsement
of particular MG forms, and in supervising the content in terms of
quality assurance. Whilst it is understood that the structures for
supervision will vary from force to force, the fundamental principles
outlined in this section apply irrespective of the supervisory model adopted.
Also included in this section is a description of how to manage case files
with multiple offences and multiple offenders, together with some practical
examples to illustrate variations. Section 3 sets out each of the MG forms
in numerical order with a description of the form’s purpose, a copy of the
form, annotated to assist completion, and, where needed, more detailed
guidance on completion. Attention is drawn to sections that must be completed
together with an explanation as to what information is required within each
form. It is intended that this section can be used to provide an overall
understanding of the purpose and required content for all MG forms or
used as a reference for completion of particular forms as needed. This manual is not intended to replace other
existing guidance (for example the Director’s Guidance on Charging – 4th
edition) but rather to be read in conjunction with such documents.
Consequently, where a reader may require more information from other such
documents, some references or web links have been included in the manual to
enable further research to be undertaken if needed. SECTION 1 A GUIDE TO CASE FILE
BUILDING Contents 1.1
Introduction 1.2 1.2
The Government Protected Marking Scheme 1.3
1.3 Unique Reference Number
(URN) 1.4
1.4 Arrest Summons Number
(ASN) 1.5
1.5 Guidelines for File
Building 1.5.2 The charging decision 1.5.8 The referral process 1.6 Documentation for a Charging decision 1.6.1 CPS charge cases |
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1.6.12 Police charge cases 1.7 Bail Decisions 1.7.2 Pre-charge bail conditions 1.7.5 Breach of pre-charge bail 1.7.8 Breach of post-charge bail 1.8 The National File Standard 1.8.1 Post-Charge National File Standard
(anticipated guilty plea) 1.8.4 Post-Charge National File Standard
(anticipated not guilty plea) 1.9 Case
Management 1.10 Upgraded Files
for Contested and Indictable Only offences 1.11 Typing of Case Files 1.12 Remand in Custody and MG7 1.12.12 Grounds to seek a remand in custody 1.12.13 Intimidated or vulnerable witnesses 1.12.14 Remand on court imposed conditional bail 1.12.16 Bail appeals 1.12.19 Remands to secure local authority
accommodation for Young Offenders 1.12.20 The ‘Key’ Witness in remand cases 1.13 Records of Interview 1.13.1 Interview Notes – Short Descriptive Note
(SDN) 1.13.2 What must an SDN contain? 1.13.3 Record of Taped Interview (ROTI) or
Visually Recorded Interview (ROVI) 1.14 The Disclosure Process 1.14.3 When does the duty to disclose arise? 1.14.6 When and how must material be recorded? 1.14.7 Disclosure roles and responsibilities 1.14.8 Disclosure roles 1.14.9 Describing the material Annex A - Pre-charge referral process to CPS Annex B - File content
for breach of bail files Annex C - National File Standard |
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SECTION 1 A GUIDE TO CASE
FILE BUILDING 1.1 INTRODUCTION 1.1.1 This first section of the Manual of Guidance gives a guide to
the main aspects of preparing a case file together with an outline of the
process for obtaining a charging decision. The more specific details of
completing the MG forms can be found in Section 3. 1.1.2 The police and the CPS share a common goal – the successful
prosecution of persons who have committed offences in circumstances where the
public interest requires a prosecution. It is the responsibility of the
police to investigate offences, and the responsibility of the Crown
Prosecution Service (CPS) to prosecute people who are charged as a result of
police investigations. The Police will determine the charge in the offence
categories as specified in the Director’s Guidance on Charging (this can be
found on the CPS website www.cps.gov.uk). These are mostly summary contested
and non-contested offences and either way guilty pleas. There are a number of
important exceptions, which must be referred to a CPS Prosecutor for charging
advice. The CPS will determine the charge in cases that in the opinion of the
Director of Public Prosecution require the exercise of an informed legal
judgment by a Crown Prosecutor. 1.1.3 Where the police consider there is sufficient evidence to charge
a suspect with any offence (other than an indictable only offence), and
determine that it is in the public interest instead to administer a simple
caution, a reprimand or final warning in the case of a youth, or other out of
court disposal (except conditional cautions), the police may do so without further reference to a Crown
Prosecutor. 1.1.4 All reports and files sent to the CPS for prosecution must be
prepared and submitted in accordance with this manual. It sets out national
standards for the preparation of case files, their content and format. 1.1.5 This manual applies to all cases, whether the defendant is
charged, summonsed or proceedings commenced by postal requisition, except those
dealt with under Section 12 of the Magistrates’ Courts Act 1980 (as amended
by the Magistrates’ Courts (Procedure) Act 1998) which is the procedure for
allowing defendants to plead guilty by post. |
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1.2 THE GOVERNMENT PROTECTED MARKING SCHEME 1.2.1 The national forms used to prepare a case file are numbered and
have the prefix ‘MG’. All MG forms carry a Government Protected
Marking Scheme header and footer. The scheme assists the police and CPS in
complying with the Data Protection Act 1998, and ensures that all agencies
which share information, handle it according to the same security
classification. 1.2.2 The scheme categorises material
into four classes, namely ‘Restricted’, ‘Confidential’, ‘Secret’ and ‘Top Secret’. 1.2.3 MG forms carry the protective
headings ‘Restricted’ and/or ‘Confidential’. 1.2.4 Restricted information: material
falls into this category if accidental or deliberate compromise of the
material would be likely to cause substantial distress to individuals;
prejudice the investigation; facilitate the commission of crime; breach
undertakings to maintain confidence of information provided by third parties;
or breach data protection restrictions, for example, information supplied to
police by a witness in confidence (home address details) or police briefing
material. 1.2.5 Confidential information:
material falls into this category if it would prejudice individual
security or liberty; impede the investigation or facilitate the commission of
serious crime, for example, material regarding covert operations/observation
points or information supplied by a covert human intelligence source (which
does not reveal his/her identity). Material that would reveal the identity of
a source/undercover officer would be classed as ‘Secret’. 1.2.6 It is up to the person completing the form to decide what the
correct classification should be and delete the heading which does not apply. 1.2.7 The chequered banding
on the forms identifies material which, when complete, is not disclosable. 1.3 UNIQUE REFERENCE NUMBER (“URN”) 1.3.1 A URN must be allocated to a case file at the earliest
opportunity to allow tracking and monitoring of the case where possible. This
process should start at the CPS pre-charge advice stage where the URN will be
recorded on the MG3/3A. 1.3.2 When completing a case
file, the URN must be entered on all MG
forms. The endorsement of the URN on each page of each form ensures that if
material |
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becomes separated from the file, it can be easily
identified and maintains continuity. 1.3.3 A URN is divided into 4 discrete elements: 1. Force PNC Code (01 - Met)
comprising 2 digits 2. BCU, Division/Sub Division (AA,
BA etc.) comprising 2 letters 3. Numeric identifier (02389 etc.)
to a maximum of 5 digits 4. Year (03, 04, etc.) comprising 2
digits Example:
1.3.4
Allocating a URN for case files involving multiple offences and/or offenders
will need to be closely monitored to avoid duplication. Specific guidance on
when and how these case files should be numbered is contained at 2.4 of
Section 2. This includes obtaining guidance from the CPS regarding the
splitting or merging of case files. 1.4 ARREST / SUMMONS NUMBER (ASN) 1.4.1
The ASN is the number agreed between a police force and PNC to identify an
individual defendant in a case linked to one or more offences. The offences
are identified by standard CJS Offence Codes provided through PNLD (the
Police National Legal Database) and are allocated a specific sequence number
against the ASN. 1.4.2
The combination of an ASN, an offence code and its sequence number against
the ASN is a Criminal Prosecution Reference (CPR), held by police force
systems and PNC, and used as the basis for tracking the progress and result
of a prosecution. It is therefore important that this information is entered
specifically on an MG4 -
Charge Sheet and MG21 -
Forensic Submissions together with the matching URN. 1.4.3
As well as helping to track prosecutions, the provision of this information
will enable improved resulting quality and timeliness, and support the
collection of management information. 1.5 GUIDELINES FOR FILE BUILDING |
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INTRODUCTION 1.5.1 An investigator must gather together the documents acquired
during the investigation of an offence from the outset. The case file is
built from those documents, whether they contain evidence or not. It is not
necessary for a suspect to be held in custody before starting to build the
case file. All reasonable lines of enquiry must be followed, not only those
that appear to point to a certain person being responsible. The file building process starts with the production of a ‘Pre-charge report’ which is used to
seek a charging decision (see below). Following a decision to charge, the
custody officer will determine whether to release the defendant on bail
(either with or without conditions) or refuse bail and keep them in custody
to be put before the court, where a remand in custody may be sought. The
content of the file subsequently produced for court, the ‘National File Standard’ will depend on the anticipated plea of
the defendant (see 1.8 onwards). THE CHARGING DECISION 1.5.2 Under the Criminal Justice Act 2003, responsibility for determining
the charge is split between the police and CPS. In general terms all
indictable only offences, and contested either way offences must be referred
to the CPS. For detailed guidance as to which offences must be referred to
the CPS for a charging decision – see The Director’s Guidance on Charging, 4th
Edition – www.cps.gov.uk 1.5.3 In making charging decisions both custody officers and Crown
Prosecutors take into account the provisions of the Code for Crown
Prosecutors and the evidential tests therein, which need to be satisfied
before a case can be properly charged. 1.5.4 The Full Code Test has two stages – firstly that the evidence is
sufficient to provide a ‘realistic prospect of conviction’, and secondly that
a prosecution is needed in the public interest. Only if these two tests are
satisfied can a charge be laid. 1.5.5 In cases where a remand in custody will be applied for and it is
not possible to apply the Full Code test at that time because all the
evidence is not yet available, then the Threshold Test is applied by Crown
Prosecutors. Firstly, the prosecutor must be satisfied that there is at least
a reasonable suspicion that |
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the person to be charged has committed the offence. Secondly, the
prosecutor must be satisfied that there are reasonable grounds for believing
that the continuing investigation will provide further evidence, within a
reasonable period of time, so that all the evidence taken together is capable
of establishing a realistic prospect of conviction in accordance with the
Full Code Test. The Threshold Test may only be applied where the prosecutor is
satisfied that all the following
four conditions are met: a) there is insufficient evidence currently available to apply the
evidential stage of the Full Code Test; and b) there are reasonable grounds for believing that further evidence will
become available within a reasonable period; and c) the seriousness of the circumstances of the case justify the making of
an immediate charging decision; and d) there are continuing substantial grounds to object to bail in accordance
with the Bail Act 1976 and in all the circumstances of the case an
application to withhold bail may be properly made. 1.5.6 Where the investigator considers there is sufficient evidence to
charge on either of the tests, the case should be referred to the CPS or
custody officer as appropriate for a charging decision. Where the Crown
Prosecutor or custody sergeant cannot make a decision immediately, the
custody officer may decide that the suspect should be bailed, with or without
conditions. See 1.7.2 Pre-charge bail conditions for further information. 1.5.7 Conditions may now be imposed on bail pre-charge even where the
Crown Prosecutor or custody officer considers there is insufficient evidence
to charge at that time. THE REFERRAL PROCESS 1.5.8 Since June 2010, there has been in place a more responsive
daytime charging service delivered by the CPS in respect of volume crime.
This service operates every day from 9am to 5pm Monday to Friday except for
Bank Holidays (see Annex A). For out of hours advice and Bank
Holidays/weekends, CPSD will continue to provide charging decisions as now. 1.5.9 Charging advice by the CPS is provided
in two ways: |
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(i)
Having sent through the MG3
and case material in advance (usually electronically), officers ring a dedicated
telephone number and speak to a Crown Prosecutor who reviews the evidence,
discusses the case, and provides the charging decision on an MG3, which will usually also be sent
electronically. (ii) Serious and complex cases will continue to be dealt with, where
appropriate, through face-to-face consultation with a CPS lawyer. Service
Level Agreements, which have been agreed with every force, set out the
modernising charging arrangements locally and reference should be made to
this to obtain detailed guidance on procedures. In particular, the SLAs
detail which cases are not suitable for telephone advice; broadly those
involving: • a fatality • rape / serious sexual assault; • child abuse; • large scale or long-term fraud; • substantial or complex video or audio key evidence; • evidence of such complexity that it would be likely to take longer
than 90 minutes to provide charging advice; • any other cases deemed suitable for referral by the police gatekeeper
and agreed by the local CPS level D manager. 1.6 DOCUMENTATION FOR A CHARGING DECISION CPS CHARGE CASES 1.6.1 Prosecutors will ordinarily make charging decisions on the
information provided by the MG3
(Report to Crown Prosecutor), MG3A (Further report to Crown Prosecutor) and any key evidence. These forms make up the
‘Precharge report’ for a charging decision,
along with other documents which vary depending on the type of report being
prepared i.e. whether there is an anticipated guilty or not guilty plea.
However, the method of communication with the CPS may dictate the form of the
document. Pre-charge reports should
be compiled in accordance with Annex C. 1.6.2 Key evidence is that evidence which either alone (i.e. the evidence of one key witness)
or taken together with other evidence (e.g.
a number of key witness each of whom provide some key evidence) and
relevant exhibits establish every element of the offence to be proved,
identify the offender |
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and show that he or she committed the offence with the necessary
criminal intent. 1.6.3 Where witnesses provide accounts of the same events that differ
in a material respect, MG11 witness statements must be supplied in
respect of each. As a general guide, where an officer considers that
witnesses' accounts vary sufficiently, then statements should be provided for
each witness and this should be recorded on an MG3 for the information
of the CPS lawyer providing the charging decision. 1.6.4 Corroborative statements or continuity evidence will not be
required to be submitted with the MG5 or MG3 unless already
contained within the statement of a key witness. Other evidence supporting or
repetitive of key statements will not be required. However, the MG3 should indicate corroborative or
continuity evidence is available. 1.6.5 These papers should also be accompanied by any unused material
which exists that may undermine the prosecution case or assist the defence in
relation to bail (see R v DPP ex parte Lee, section
2.2.11). Information impacting upon the decision to withhold or allow the
granting of bail must be included and provided to the prosecutor, for
example, if relevant, the crime log or incident report should be produced. 1.6.6 Any background information, which is considered relevant for the
prosecutor to know, should be noted on the MG3, e.g. the background to domestic violence cases can be
particularly important and useful for the prosecutor as it may indicate how
the evidence could be strengthened and may help to inform the public interest
test. 1.6.7 Whether a brief summary of the interview on the MG5 or
one contained in a ROTI/ROVI or full transcript is required depends on the
seriousness of the case and role and importance of the interview in relation
to the facts to be proved or inferences to be made. The brief summary need
not be type written, but must be legible. 1.6.8 A PNC print of suspect(s) previous convictions / cautions /
reprimands / final warnings is also required 1.6.9 If the prosecutor cannot make a
charging decision, form MG3 will
be completed with an action plan outlining what key evidence is required
together with any other specified information. If this material cannot be
secured, the investigator should arrange to seek further advice from the
prosecutor. Once further action has been carried out, the report should be
re-submitted |
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with form MG3A (Further
Report to Prosecutor) completed and attached for a charging decision. 1.6.10 The MG3/3A forms
MUST NOT be given to the defence
or any third party under any circumstances as they contain information on the
strengths and weaknesses of the case. The forms are also subject to legal
privilege between police and CPS only. 1.6.11 Once a charging decision has been made, a National File Standard (NFS) file as required by the Director’s
Guidance must be produced for the prosecution of the case. See Annex C. POLICE CHARGE CASES 1.6.12 Generally, there is no specific documentation required to
obtain police charging decision for those cases where this is appropriate. However,
the rationale for the charging decision should be recorded on an MG6 where a summary only offence is charged and it is anticipated that a not guilty plea will be entered as
the suspect has put forward a specific defence or has denied the offence in
interview. This then becomes part of the post-charge NFS for the first
hearing at court. 1.6.12 Where the Threshold Test is used to charge an imprisonable summary only offence,
the police must record on an MG6 how the Test requirements are met and
how the evidential stage is satisfied. This will be provided to the CPS with
the file for the first hearing. The Threshold Test may not be used to charge a summary
only offence that does not carry imprisonment. 1.7 BAIL DECISIONS 1.7.1 Decisions on bail are made by the custody officer. Decisions to
charge need to be made in accordance with the Director’s Guidance. Where there is sufficient evidence to
charge, the custody officer will need to decide whether to: • release without charge on bail for the Duty Prosecutor to make a
charging decision; or • release without charge on bail (but not for the purpose of a charging
decision, e.g. to consider a restorative justice disposal); or • release without charge (e.g. where there are mental capacity issues);
or • charge and bail; or |
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• remand in custody following charge to put the defendant before the
court. PRE-CHARGE BAIL CONDITIONS 1.7.2 Pre-charge bail conditions can be applied where a suspect is
bailed pending a charging decision by the CPS or where it is considered that
further enquiries are required and conditions are necessary to satisfy the
relevant risks under the Bail Act. Any conditions imposed must be appropriate
and justifiable. A person bailed may appeal to a custody sergeant for a
variation of the conditions or to a magistrates’ court. 1.7.3 If the investigator believes that it is necessary to impose
conditions for the reasons below, he/she should make representations to the
custody officer. Conditions can only be imposed if they are necessary to seek
to prevent a person from: • Failing to surrender – previous conviction for absconding, defendant has no fixed abode or
has indicated he/she will not appear; • Committing offences on
bail (current and previous) – offence committed on
bail (details of charges, bail dates and conditions should be given), the
‘lifestyle’ of the defendant is such that it is likely offending will
continue, e.g. a drug habit; • Obstructing the course of
justice and/or interfering with witnesses the defendant has
threatened to interfere with witnesses (or has a history of such behaviour)
or will hinder the recovery of property, and/or; The conditions are necessary • For the person’s safety – there is a real threat of revenge from the victim’s family, or
friends etc., or the person is suicidal, a drug addict or suffering from
mental disorder; • If a child or young
person, for that person’s own welfare or own interests – the defendant has threatened self-harm, or is being coerced by older
youths/adults to commit crime or does not have a stable family background. 1.7.4 Form MG4A is used to record bail conditions. BREACH OF PRE-CHARGE BAIL 1.7.5 Where a defendant has been
arrested for a breach of pre-charge bail conditions, the custody officer has
the option of releasing the defendant on bail, with or without conditions, or
referring to a prosecutor for a |
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charging decision regarding the offence for which the suspect was
bailed. Once charged, it may be appropriate for a remand in custody application to be made to the
court. 1.7.6 See Annex B for the contents of a breach of bail file. 1.7.7 Breaching bail conditions pre-charge is not an offence: it
provides grounds for an arrest. It is only a failure to surrender to bail
that gives rise to a new offence for which the custody officer will make a
charging decision. BREACH OF POST-CHARGE BAIL 1.7.8 See Annex B for the contents of a breach of bail file. 1.8 THE NATIONAL FILE STANDARD (NFS) POST-CHARGE NATIONAL FILE STANDARD (anticipated guilty plea cases). 1.8.1 The Pre-charge report
forms the basis of the National File Standard for the first court hearing.
See column 1B at Annex C. 1.8.2 The National File Standard File applies to cases initiated by
summons as well as by charge. 1.8.3 If a defendant decides to enter a not-guilty plea at court or
elects to have the case heard at Crown Court, a contested case ‘upgraded file’ (see column 3. at Annex C) will be required. POST-CHARGE NATIONAL FILE STANDARD (for
anticipated not guilty pleas) 1.8.4 The pre-charge report for an anticipated not guilty plea forms
the basis of the National File Standard for the first court hearing. See Annex C. 1.8.5 All statements that have been taken from witnesses, whether
‘key’ or not, should be forwarded to the CPS with the file. 1.8.6 Key witness statements should appear on
the file in the following order: • Victim/main witness • Non-police witness • Expert witness • Other police officer(s) in the order they witnessed events • Officer in the case (OIC) 1.8.7 See column 2B at Annex C for case file contents. |
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1.8.8 The Post-charge National File Standard will be upgraded where a
not guilty plea is entered at the first hearing and the case is proceeding to
trial, or where a case is to proceed to the Crown Court (see 1.10 and column 3 Annex C). 1.9 CASE MANAGEMENT 1.9.1 The Court must undertake active case management to ensure cases
are dealt with effectively and justly. In contested matters, this includes
the early identification of trial issues. These may be such matters as any
specific defences (for example self-defence), identification, forensic
evidence or other matters in issue. The Prosecution is under a duty to
actively assist the Court in fulfilling its duty of case management. This
will include compliance with any directions the Court may make. It is crucial
that the Prosecutor is provided with sufficient information to assist and
progress case management. In non-contested matters, the Prosecutor needs to
be provided with sufficient information to deal with the case and any
sentencing issues, for example compensation details and application for other
ancillary orders (e.g. football banning order). The Case Management Form to
be completed by the CPS and HMCS at court can be found at: http://www.justice.gov.uk/criminal/procrules_fin/index.htm 1.10 UPGRADED FILES (For indictable only and
‘contested’ cases) 1.10.1 Further upgrading will be necessary where it is clear that the
case will be heard in the Crown Court, or the case is contested (as opposed
to an anticipated not guilty plea).
A case is ‘contested’ when there is a clear indication from the defendant at
plea stage (or plea before venue stage for either way offences) that he or
she will plead not guilty and therefore the case should be prepared for
trial. The disclosure forms (MG6C, 6D and 6E) will need to be added to
the Post-charge NFS along with further evidence to produce an ‘Upgraded file’ which must be
submitted to the agreed timescales. 1.10.2 See column 3. at Annex C for file contents. 1.10.3 A brief outline of the disclosure requirements that will apply
when completing such files is shown at section 1.14. 1.11 TYPING OF CASE FILES. |
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1.11.1 There is no prescribed format for the font, line spacing or
their general appearance. Manuscript or hand-written statements can be
provided in cases to be finalised as early guilty pleas in magistrates’
courts and may present the most proportionate approach to case preparation. 1.11.2 Generally typed statements will be required for all summary
trial cases, except motoring cases, unless there is a local agreement with
the courts to accept hand -written statements. Where provided, hand-written
statements must be legible, comprehensible and sufficiently clear to produce
good quality photocopies. 1.11.3 Committal papers prepared for, and statements used in, the
Crown Court must be typed. 1.11.4 In order to meet Disability Discrimination Act requirements, typed
copies of case file documents should be in either Arial or Verdana font 12.
Any variation in the font size that may be required at court should be
recorded as part of the special measures for the witness so that CPS can
provide an appropriate document for the witness to read on day of trial. 1.12 REMAND IN CUSTODY AND MG7 1.12.1 After charge, a custody officer has to make a decision on
whether to grant bail, or whether there are reasons why bail should not be
granted. If there are reasons why bail should not be granted, then the
investigator should seek a remand in custody at the first court hearing. 1.12.2 The investigator is responsible for
ensuring that the custody officer has all the relevant information in order
to make a decision on whether grounds exist to refuse bail. 1.12.3 If the detainee is kept in police custody
after charge, the decision as to whether a remand in custody is to be sought
at court lies solely with the Crown Prosecutor. 1.12.4 The Crown Prosecutor will determine in all the circumstances
whether the Threshold Test may be applied. To ensure this is a fully informed
decision, the police should provide all material relevant to the objections
to bail which has been considered by the custody officer. This should be done
through the completion of a detailed form MG7 (Remand in custody
application). Details |
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should also be included of any conditions that would be appropriate
for conditional bail if the court does not remand the defendant in custody. 1.12.5 Where the Prosecutor applies the Threshold Test, the
Investigator will be informed of the date when the Full Code Test is to be
applied. The Investigator will be under a duty to expedite the gathering of
evidence and allow the Full Code Test to be applied. 1.12.6 The detention or continued detention of an offender is a
serious step to take and imposes strict Custody Time Limits (CTL) to be
complied with at each subsequent stage of court proceedings. 1.12.7 The law will only allow un-convicted defendants to be kept in
custody before trial for a very limited period. This period is called a
custody time limit. If the police and the CPS (the prosecution) do not at all
times prepare the case diligently and expeditiously, the court has to release
the defendant, however serious the alleged crime. This can lead to victims
and witnesses being harmed and the case may be lost. Custody cases must be
prioritised and delays must be explained or escalated according to agreed
local procedures. Common causes of delay are medical and forensic evidence;
these need to be requested and provided as quickly as possible. 1.12.8 CTLs apply as follows: •
From 1st appearance in custody
(i.e. the first appearance before the court charging a person with the
offence) at court to the start of the trial for a summary only or either way
offence: 56 days (8 weeks) •
From 1st appearance in
custody to committal for trial at the Crown Court: 70 days (10 weeks) •
From the date of committal in custody
to the start of the trial at Crown Court: 112 days (4 months) •
In the case of indictable only (IO) offences
sent to the Crown Court under sections 51 and 52 Crime and Disorder Act 1998,
(including any either way offence sent with the IO offence) from 1st appearance
in magistrates’ court to the start of the Crown Court trial: 182 days (6
months & 2 weeks) 1.12.9 If a remand to secure local authority accommodation for a child
or young person under 17 years is sought, see 1.12.19 below. |
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1.12.10 The MG7 must
be as detailed as possible. It must contain details of any substantial grounds that support the
request for a remand in custody or the imposition of bail conditions and also
how much time is required to prepare the case file. Failure to provide
sufficient information may lead to a refusal to impose conditions, remands in
custody, or lead to adjournments for shorter periods than are required. 1.12.11 Confidential information must not be included on the MG7. Use the MG6 for this purpose. If any
information undermines the prosecution case, or assists the defence in their
bail application, forms MG6C and
E must be prepared. See guidance
notes 12 and 13 (R v DPP, ex parte Lee) on MG6 in Section 3. GROUNDS TO SEEK A REMAND IN CUSTODY 1.12.12 The court must find
that there are substantial grounds for
believing that an offender will: •
Fail to surrender – previous conviction for
absconding, defendant has no fixed abode, the defendant has indicated he/she
will not appear; and/or •
Commit offences on bail (current and previous) – present offence committed on bail (details of charges, bail dates
and conditions should be given), the ‘lifestyle’ of the defendant is such
that it is likely offending will continue, e.g. a drug habit; and/or, •
Obstruct the course of justice and/or interfere with witnesses – the defendant has threatened to interfere with witnesses (or has a
history of such behaviour) or will hinder the recovery of property, and/or; •
A remand in custody is necessary for the person’s safety – there is a real threat of revenge from the victim’s family, or
friends etc., or the person is suicidal, a drug addict or suffering from
mental disorder; and/or, •
If a child or young person, for that person’s own welfare or own interests – the defendant
has threatened self-harm, or is being coerced by older youths/adults to
commit crime or does not have a stable family background. INTIMIDATED AND VULNERABLE WINESSES 1.12.13 Where a remand in custody is
sought, consideration must be given as to whether there is a risk of the
defendant trying to intimidate witnesses |
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(directly or indirectly) whilst remanded in custody. If there are
grounds to believe this is likely, full details of witnesses and their
contact details must be included on form MG6 so that
this information can be passed to the Prison Service in order to prevent the
defendant from contacting witnesses whilst on remand. COURT IMPOSED CONDITIONAL BAIL 1.12.14 In order to be prepared for those occasions when the court may
not remand in custody but grants bail, consideration should be given to
including suitable and appropriate bail conditions on the MG7 which the CPS can ask the court to
impose in the event bail is granted. Conditions can only be imposed on bail
by the court if they are necessary to prevent the person from: • Failing to surrender to custody • Committing further offences whilst on bail • Interfering with witnesses or obstructing the course of justice. 1.12.15 The following are suggested bail conditions which can be
sought from the court where relevant: • To live and sleep at a specified address • To notify police of any change of address • To report to a police station (daily, weekly, or other
period) • Not to enter a certain area or building (it is essential to state the
road boundaries for an area and include a map where possible) • Not to contact (directly or indirectly) the victim and/or any prosecution
witness • To surrender his/her passport • To observe a curfew between set times (consider the ‘doorstep
condition’ where the defendant must appear at the door when required by
police) • A condition of residence at a bail hostel • Electronic monitoring of a child or young person. |
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BAIL APPEALS 1.12.16 Where a person is charged with, or convicted of, offences
punishable by imprisonment, the Bail (Amendment) Act 1993 (BAA) gives the
prosecution a right of appeal to a Crown Court judge against the granting of
bail by magistrates. The right is exercisable by a Crown Prosecutor or CPS
agent, once appeal against bail has been approved at a senior level. There is
a defined order of decision making from a senior lawyer within the CPS for approval of decisions to appeal bail and there are also stringent time
limits for the service of the appeal notice. A log is kept in CPS Branches of
all appeals. 1.12.17 The right of appeal may only be exercised if the prosecutor
has made representations that bail should not be granted. 1.12.18 Prosecutors should only appeal in cases of grave concern where
there are substantial grounds under the Bail Act 1976 which would allow the
court to refuse bail. The prosecutor considering whether an appeal is
appropriate should apply an overarching
test of whether there is a serious risk of harm to any member of the
public or any other significant risk of harm to any member of the public or
any other significant public interest ground. REMANDS TO SECURE LOCAL AUTHORITY ACCOMMODATION
FOR YOUNG OFFENDERS 1.12.19 If a remand in custody is sought from the court for a child or
young person, this will only be to local authority accommodation unless the
criteria regarding the seriousness of the offending apply: • The young offender is charged with or has been convicted of a sexual
or violent offence or an offence punishable (for an adult) with 14 years’
imprisonment; or • The defendant is charged with or convicted of one or more imprisonable
offences, which together with any other imprisonable offences of which s/he
has been convicted amount (or would if s/he were convicted of the offences
charged) to a recent history of repeatedly committing imprisonable offences
while remanded on bail or to local authority accommodation; and, in either
case, the court is also of the opinion that only remanding them to local
authority accommodation with a security requirement would be adequate: • To protect the public from serious harm from the offender, or |
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• To prevent the commission of imprisonable offences by the offender. In order to impose a security requirement on a young offender’s remand,
there must be a risk of the young offender either failing to surrender, or
committing offences on bail, and in every case the court must be satisfied
that it is in the young offender’s own welfare or interests. THE ‘KEY’ WITNESS IN REMAND CASES 1.12.20 The National File Standard must include previous
convictions/cautions of prosecution witnesses who have provided key witness
statements in a case where a file is submitted for a remand in custody or where the person
has been bailed initially and a remand in custody is now sought. If a key
witness statement has been made by a police officer, form MG6B should be included if applicable.
If none of the prosecution witnesses has previous convictions/cautions this
should be recorded on the case file. 1.12.21 If an audio or visually recorded interview has been conducted,
an SDN should be prepared principally for the MG5. 1.13 RECORDS OF INTERVIEW It is necessary to provide a written record of what the defendant said
during interview on the case file. There are three types of interview record:
a short descriptive note (SDN), a record of taped (or audio) recorded
interview (ROTI)/record of visually recorded interview (ROVI) and a
transcript (a full verbatim record of what was said). INTERVIEW NOTES – SHORT DESCRIPTIVE NOTE (SDN) 1.13.1 WHAT
IS AN SDN? An SDN is a brief account of what was said by the defendant in an
interview. It can be recorded on one of three forms, depending on the
circumstances: • MG5 (Police Report) – where a case
summary is necessary on the file, the SDN should be included on this form
i.e. for a first hearing file. The start and end times of the interview
should be included; or • MG11 (Witness statement) – where a police
officer has written a key witness statement; or MG15 (Record of Interview) – in
all other cases. As the SDN is not an exhibit, the exhibit box on MG15
does not require completion. It is also |
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• unnecessary to note tape counter times or use the ‘person speaking’
column in such cases. 1.13.2 WHAT
MUST AN SDN CONTAIN? An SDN should generally be written in the third person, although
specific sections should be written in direct speech (see admissions below).
It should summarise the questions covering the main elements of the
offence(s) and the responses given. An SDN must include the following: • Admissions, which prove ‘the elements of the offence’, written in
direct speech. It is not sufficient to say ‘the defendant fully admitted the
offence’. The words ‘full and frank admission’ should also be avoided; • The defendant’s version of events where this is disputed, specific
denials and any explanation for committing the offence(s); • Any mitigating circumstances given, including any expressions of
remorse; • Anything said by the defendant in relation to aggravating factors:
premeditation, admission of prior knowledge of vulnerability of the victim,
lack of remorse shown. INTERVIEW NOTES – RECORD OF TAPED INTERVIEW
(ROTI) OR VISUALLY RECORDED INTERVIEW (ROVI) 1.13.3 A ROTI or ROVI should
only be prepared for inclusion on a committal file or when the SDN is
deemed insufficient for summary trial purposes. A number of areas are still
producing and exhibiting a ROTI as a matter of routine on upgrade files
without any consideration as to why it is needed. 1.13.4 A ROTI/ROVI is a more comprehensive record of the questions and
answers given in an interview. 1.13.5 Where a ROTI or ROVI is required: • It must be written on form MG15 • ROTIs/ROVIs will be produced as an exhibit by the person transcribing the tape (i.e. not the OIC). • When direct speech is referred to in the ROTI, the identity of the
speaker and the tape counter time must be noted in the margin • If handwritten, must be legible. 1.13.6 In all cases the record must include: |
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(i) the admin section at the top of the form fully completed; (ii) the fact that the caution was given (this need not be written out in
full as the wording is prescribed); (iii) that the suspect was reminded of their entitlement to free legal
advice (if they changed their mind and either subsequently requested legal
advice or declined it, this too must be noted); (iv) any significant statement or silence before the interview was put to
the suspect; (v) use of any special warnings and responses given; (vi) details of any
offences to be taken into consideration (TIC) 1.13.7 It should also include: • all admissions made to the offence(s) under investigation and
questions and answers leading to the admission – write these out in the words
used by the suspect • statements or questions about possible defences, alibis, assertions
that others were involved, ambiguous/qualified admissions, any questions
asked by the suspect and answers dealing with the issues of bail and/or
alternative pleas/charges • responses regarding aggravating factors and/or mitigating
circumstances (can be summarised in the third person). 1.14 THE DISCLOSURE PROCESS 1.14.1 ‘Disclosure’ is the process of informing the defence of any
unused material, which has been recorded or retained by the police and not
disclosed to the defence with the evidence. Unused material (relevant
material obtained or generated during the course of a criminal investigation
but which is not being used as evidence) must be retained and recorded by
police. It is important that the Prosecution Team adopt consistent practices
across England and Wales. 1.14.2 The disclosure process is a
statutory duty under the Criminal Procedure and Investigations Act 1996
including Codes of Practice (CPIA). There is also a Common Law duty on the
prosecutor to disclose material before the duty arises under the Act, where
it is significant, e.g. a victim’s previous convictions or information that
might affect a bail decision. There is also a duty on the police to provide
the CPS with information that may mitigate |
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the seriousness of an offence. The investigator must inform the
prosecutor as early as possible whether any material weakens the case against
the accused. WHEN DOES THE DUTY TO DISCLOSURE ARISE? 1.14.3 Not everything that is revealed to the CPS will be disclosed to
the defence. Generally, a Prosecutor’s duty to disclose unused material to
the defence is triggered by: • A not guilty plea in the magistrates’ court, or • A committal, i.e. the service of evidence in an indictable only case
sent to the Crown Court under section 51(1) Crime and Disorder Act 1998 or on
transfer of a case for trial to the Crown Court. 1.14.4 The duty of disclosure continues as long as proceedings remain,
whether at first instance or on appeal. 1.14.5 All of the unused material is revealed to the prosecutor by way
of schedules on forms MG6B, C,
D, and E (see below). There is
an agreement between the CPS and ACPO that crime reports and incident logs
will be revealed to the CPS as a matter of routine. WHEN AND HOW MUST MATERIAL BE RECORDED? 1.14.6 Information must be recorded at the time it is obtained/seized,
or as soon as is practicable after that. Material must be recorded in a
durable or retrievable form. If it is not practicable to retain the original
record, e.g. because it forms part of a larger record which is to be
destroyed, the information must be transferred accurately to a durable and
easily retrievable form. Photocopies are acceptable. Details of relevant
phone calls concerning a case must also be recorded. DISCLOSURE ROLES AND RESPONSIBILITIES 1.14.7 The CPIA sets out
three distinct roles which impose different duties on the police: (i)
The Investigator – all police
officers have a responsibility to record and retain relevant material
obtained or generated by them during the course of the investigation. (ii) The Officer in Charge of an investigation – has special responsibility
to ensure that the duties under the Code are carried out by all those
involved in the investigation and for ensuring that all reasonable lines of
enquiry are pursued, irrespective of whether the resultant evidence is more
likely to assist the prosecution or the accused |
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(iii) The Disclosure Officer – the person responsible for: •
Examining the material retained
during the investigation; and, •
Revealing material to the prosecutor
on MG6C, MG6D & MG6E schedules, ensuring that the
descriptions are sufficiently detailed and contain sufficient information to
enable the prosecutor to make an informed decision as to whether or not the
item meets the tests for disclosure; and •
Certifying where necessary that action has been taken in
accordance with the requirements of the CPIA Code of Practice. These roles involve different functions and they may be performed by
three different people or by a single person (who may be a police officer or
a member of police staff). DISCLOSURE FORMS 1.14.8 There are four disclosure forms: (i)
MG6B – This gives details of
the discipline record and convictions (if any) of any police officer/member
of police staff that is involved in the case. It also includes Penalty
Notices for disorder. If no officer/member of police staff has a disciplinary
consideration (or conviction) there is no need to put the form on the file,
an entry on the MG6 to this effect will suffice. This form can also be
used to declare the convictions/disciplinary matters of employees of other
investigative agencies on behalf of whom the CPS prosecutes e.g. UK Border
Agency. MG6C – The schedule of relevant non-sensitive material will be disclosed to
the defence and any material described on it may also be disclosed to the
defence on instruction from the CPS. Material that must be listed on the
schedule covers all relevant unused non-sensitive material recorded, retained
or generated during the course of an investigation. The exception to this is
material seized during the course of a major investigation which has not been
examined due to its lack of immediate and apparent relevance to the
investigation. This falls outside the CPIA and is not ‘unused material’ but
its existence must be recorded on form MG11 with the appropriate
caption, i.e. ‘the |
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(ii) following material has not been examined by the investigator or
disclosure officer and is considered not to fall within the CPIA definition
of prosecution material’. If an item of unused material contains both sensitive and
non-sensitive material, it must be listed on the MG6C as being an ‘edited version’ or
‘edited’ e.g. a pocket notebook entry containing both the personal details of
a witness and the circumstances of the arrest. Block out the sensitive part
(witness details) on a copy of the original with a dark marker pen (never
white correcting fluid). The original must never be marked. Do not list the
unedited version on the MG6D. (iii) MG6D – The schedule of relevant sensitive
material will not be disclosed to the defence because it is not in the public
interest to do so. You must state the reason why the item should not be
disclosed to the defence. For example, details that identify an observation
post must not be disclosed to the defence. If there is no sensitive material in a case, endorse form MG6D to that effect and submit it with
the MG6C and MG6E. Where you think you have material that is very sensitive, such as
information from a covert human intelligence source (CHIS), make contact with
the prosecutor who will refer you, as necessary, to the appropriate person
for advice. (iv) MG6E – Disclosure Officer’s Report. On the
MG6E the following
information must be brought to the attention of the CPS: • Material which contains a first description of an offender (Para 7.3
CPIA Code of Practice); or • Material which might undermine the prosecution case or assist the
defence. The disclosure officer must record on the form the following: • Whether the undermining or descriptive information was originally
listed on the MG6C or MG6D • The original item number from the MG6C or D • Briefly, the reason for it being recorded on the MG6E, e.g. ‘Contains first description of suspect’, or ‘May cast doubt on reliability of witness’. The prosecutor must
always inspect, view or listen to any material that could reasonably be
considered capable of undermining the prosecution case against the accused or
of assisting the case for the accused. The Disclosure officer may need to
consult with and allow the prosecutor to inspect the retained material. DESCRIBING THE MATERIAL. 1.14.9 Both the MG6C and
MG6D schedules must
describe the material in a detailed and accurate way so that it is obvious to
anyone reading the form what the item is and a decision can be taken as to
whether that item should be disclosed to the defence or not. 1.14.10 For a more comprehensive CPS/Police guide to the
disclosure of unused material see the Disclosure Manual at www.cps.gov.uk |
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ANNEXA PRE_CHARGE REFERRAL PROCESS
TO CPS
ANNEXB FILE CONTENTS FOR
BREACHES OF BAIL
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ANNEX C
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ANNEX C
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SECTION 2 PROSECUTION TEAM
SUPERVISION AND CASE MANAGEMENT Contents 2.1 Introduction 2.1.3 Role of police supervisor 2.2 Police
Supervision and Endorsement of Forms 2.2.1 MG3 2.2.5 MG3A 2.2.8 MG5 2.2.9 MG6 disclosure series 2.2.12 MG7 2.2.13 MG20 2.2.15 MG21 2.2.16 MG NFA 2.3 File
Type and Content 2.4 Case files involving multiple offences and/or
offenders 2.5 CPS Review of the Case File 2.6 Performance
Monitoring 2.7 Case
progression 2.8 At
court 2.9 Discontinuance SECTION 2 PROSECUTION TEAM SUPERVISION AND CASE MANAGEMENT 2.1 INTRODUCTION 2.1.1 Effective supervision of a case file should ensure that the
evidence is gathered in time and to the right and proportionate standard. Police must ensure that processes are in
place to ensure that case files are built and quality assured to the
appropriate standard in order to avoid any subsequent re-working after
submission to the CPS. 2.1.2 Police supervision
should support an investigation from the beginning and should intervene to
ensure that evidence is gathered in accordance with an investigation plan.
Where necessary, there should be early consultation with the CPS,
particularly as outlined in Section 1 at paragraph 1.5.9(ii). Supervisors
should also ensure that any ‘action plan’ is followed. Crown Prosecutors may
provide guidance and advice to investigators throughout the investigative and
prosecuting process and this may include lines of enquiry, evidential
requirements and assistance in any pre-charge procedures and ID parades.
Crown Prosecutors will be pro-active in identifying, and where possible,
rectifying evidential deficiencies and bringing to an early conclusion those
cases that cannot be strengthened by further investigation. In CPS referred
cases, any charging decision or advice will be recorded on the MG3 and
supplied to the police. ROLE OF POLICE SUPERVISOR 2.1.3 The supervisory role in case preparation may be carried out by
police officers or police staff in a designated role. Early front-end
proactive police supervision during the investigative stage is a critical
component for success. It is a key feature of the ‘Director’s Guidance on
Charging’ that the taking of witness statements by the police will be reduced, however it does not imply
that the investigation should be curtailed. The Criminal Procedure and Investigations Act 1996, places a duty on
investigators to pursue all reasonable lines of enquiry and to record and
retain all relevant material. 2.1.4 It is essential that an officer in the case or a single point of
contact is clearly identified whilst the investigation is ongoing and a case
file is being built. The arresting officer is not necessarily the person who
deals with the prisoner and compiles the case file from start to finish.
Responsibility and accountability for the case file is paramount. 2.1.5 Supervisors must check that the file
complies with the National File Standard content as per the Director’s
Guidance |
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2.2 SUPERVISORY
ENDORSEMENT OF FORMS MG3 – Report to Crown Prosecutor for Charging Decision 2.2.1 The endorsement by
the police supervisor on the MG3 is
an indication that: (i)
The evidence justifies the
prosecution and the evidential content of the file is sufficient to support
the proposed charges; (ii)
It is necessary in the public
interest for the offender to be prosecuted; (iii)
The correct material and information
are provided to the CPS as per the Director’s Guidance and the Pre-charge
Report content is appropriate for the plea for which it has been prepared. (iv)
Referral to the CPS is authorised. 2.2.2 The supervisor
should ensure that the officer submitting the MG3 is identified. 2.2.3 The supervisor should ensure a file is flagged correctly where
the suspect has been identified as a Prolific and other Priority Offender
(PPO), or youth offender (YO) and where the offence involves a hate crime,
domestic violence or is racially aggravated. Supervisors should recognise
their responsibilities and take into account any timeliness targets required
for PPO cases. 2.2.4 In all cases before charge, where the police have sought advice
or a decision by the CPS, the supervisor should be aware that the charging
decision will be based upon the reports submitted to the CPS and the police
investigator seeking that advice or decision will be indicating on the MG3 whether that named supervisor has
been consulted. MG3A – Further report to Crown Prosecutor for
charging decision 2.2.5 This form follows on from the
MG3 and is used to update the Duty Prosecutor on the progress of an enquiry
in cases where further evidence was sought. The investigator must ensure that
the MG3A is attached to the case
file and the results of any Action Plan are recorded. Where it is apparent
that yet |
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further evidence is required before the charging decision can be
given, another action plan should be agreed between the police and Duty
Prosecutor and details recorded on the form. Appropriate review and return
bail dates should be agreed. 2.2.6 After a review of the new evidence, the Duty Prosecutor should
consider whether the charging decision can now be taken. Charges should be
specified, or drafted as appropriate. 2.2.7 The date of the MG3 or the most recent MG3A should be entered by the investigator. MG5 - Police Report 2.2.8 All cases charged by police will be notified to the CPS through
an amended MG5, to be known as the ‘Police Report’. It is crucial that the
content of the MG5, including the case and interview summaries, are
objective, fair and balanced and are of the highest quality. This is because
all the stakeholders (e.g. prosecutors, court and defence) rely upon its
contents. A poor quality MG5 is likely
to lead to wasted time, increased costs and delayed proceedings. In all
cases the supervisor must complete the ‘Supervisor’s Certification’. This
certifies that the information in parts 1 to 7 of the Police Report is an
accurate summary of the available evidence in the case. It also ensures that
the file has been built to the required standard. If it has not been possible
to obtain all necessary information to ensure the file has reached the
required standard, an MG6 must be
completed to indicate why and when missing information/evidence will be
available. MG6 – Disclosure series 2.2.9 It is not expected that supervisors will acquaint themselves
with the details of all unused material in every case. What is required is
the appropriate check to ensure that: (i)
The forms MG6C and MG6D contain
a sufficient description of the items to enable the prosecutor to decide
whether they are likely to require disclosure to the defence; |
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(ii)
The form MG6E contains adequate information; (iii)
Any item that requires further
examination by the prosecutor is sufficiently identified. 2.2.10 The supervisor’s comments on any of the above aspects of the
case or deficiencies in the file should be made on an MG6. The identified additional information/evidence should be
verified by the supervisor prior to submission to the CPS. The MG6 is also used in the following circumstances: a)
where the police proceed to charge a
summary only offence where the suspect has put forward a specific defence or
denied the offence in interview, the police decision maker will record the
reason for doing so on an MG6 and provide a copy to the CPS with the file for
the first hearing; b) where the Threshold Test is used by the police to charge an
imprisonable summary only offence, the police will record how the Threshold
Test requirements are met and how the evidential stage is satisfied. This
will be recorded on an MG6 and provided to the CPS and provided to the CPS
with the file for the first hearing. Note: The Threshold Test may not be used to charge a summary only
offence that does not carry imprisonment. The MG6 should also record
the information necessary for common law disclosure in accordance with R v
DPP, ex parte LEE. It should also take account of
all reasonable lines of enquiry and confirm that relevant agreed targets for
the capture/submission of evidence have been identified correctly. R v DPP, ex parte LEE
(1999) 2 Cr App. R 304, DC 2.2.11 Following the decision in LEE, the prosecutor should consider
disclosing the following, at pre-committal stage, in the interests of
justice: (i)
Previous convictions of the victim,
or any material that might assist an application for bail; |
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(ii)
Anything that may assist the defence
to argue that there should be no committal at all, or committal on a lesser
charge; (iii)
Anything that may assist an argument
for abuse of process; (iv)
Information that may assist the
defence to prepare for trial where delay may affect such preparation (i.e.
witnesses you have spoken to that you do not intend to rely upon). This
information is not always going to be disclosed to the defence since Justice
Kennedy said this would depend very much on what the defendant chose to
reveal about the nature of his case. These are only examples and must not be construed as a definitive list
of categories. In all cases the prosecutor must consider disclosing in the
interests of justice any material that is relevant to sentence (e.g.
information that might mitigate the seriousness of the offence or assist the
accused to lay blame in whole or in part upon a co-accused or another
person). MG7 – Remand Application 2.2.12 Endorsement means the supervisor is satisfied that adequate information has been provided to the CPS and agrees
with the recommendation for the type of remand sought and the grounds upon
which it is based. MG20 – Further Evidence/Information report 2.2.13 Where the police supply
further information/documents to the CPS, the supervising officer will sign
the MG20 to show that such
information is attached, legible and complete. Where a file, or the provision
of further information requested by the CPS or CJU, will not be submitted
within the required timescale, the officer in the case must ensure that there
is an adequate explanation for the delay on the MG20 and that this information is communicated to the CPS/CJU. 2.2.14 Supervisors will ensure officers and police staff respond to
CPS requests within the appropriate timescale and facilitate the necessary
resources and time to achieve this. |
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MG21 – Submission of work for scientific
examination 2.2.15 The supervisor shows that they authorise the submission of
requests to the Forensic Science Provider (FSP). An additional budgetary
authority is also required on the form and may be required from a different
person to the reviewing supervisory officer. Supervisors should be aware that
if, for any reason, the circumstances of the case change or the case is
discontinued and the forensic evidence is no longer required, then the
supervisor should ensure the FSP is informed immediately to prevent the
unnecessary use of resources and costs. MG4F – NFA Letter Template 2.2.16 Signing the letter and notifying the accused that no further
action is being taken in relation to a relevant offence(s) is the
responsibility of the custody officer. The CPS charging decision, upon which
this is based, remains the responsibility of the CPS. For offences where the
CPS is not required to make the charging decision, the custody officer will
make the decision to NFA without referral. 2.3 FILE TYPE AND CONTENT 2.3.1 The supervisor is responsible for ensuring that a file is fit
for purpose, both in terms of content as per Annex C, quality assurance and that it is submitted in sufficient
time for review prior to the first court hearing. 2.3.2 In determining whether a case file is fit for purpose the
supervisor should consider the nature of the hearing. The file submitted must
be sufficient to enable the prosecutor to deal effectively with the hearing
without seeking an adjournment. 2.3.3 The MG forms must
be placed in numerical order on the file. 2.3.4 It is vitally important that a
police supervisor carries out a critical review of the case papers to ensure
the content of a remand file is correct. |
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This is particularly important prior to an occasional court appearance
where the Duty Prosecutor is likely to be from a different area or may be an
agent acting on behalf of the CPS. Contents of a remand file will be based on
1B. or 2B. of Annex C depending on
the anticipated plea. 2.3.5 Where a defendant is in custody, the CPS will monitor any
custody time limit (CTL) for each defendant. Supervisors should be aware that
no extension of the CTL will be granted unless the prosecution can show that
they have acted throughout with due diligence and expedition. 2.4 CASE FILES INVOLVING MULTIPLE OFFENCES AND/OR OFFENDERS 2.4.1 It is important from the outset that investigators/case builders
identify and correctly consider the number of files to be submitted to deal
with the number and type of defendants and offences. The combinations which
are likely to arise are: •
Single Offender, Multiple Linked
Offences •
Single Offender, Multiple Non-Linked
Offences •
Multiple Offenders, Linked Offences •
Multiple Offenders, Non-Linked
Offences 2.4.2 General Principles Charges for any offences may be included in the same file with the
same Unique Reference Number (URN) if those charges: (i)
are founded on the same facts, or (ii)
form, or are a part of a series of,
offences of the same or a similar character. As a result, case files containing charges which are not linked in
either of the ways mentioned above will need to be split into separate files,
each with a different URN. |
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2.4.3 Single Offender, Multiple Linked Offences If the offences are based on the same facts, or form a series of
offences of the same or similar character, they may be submitted as one file
with a single URN. Example: A defendant is
charged with four offences, (a) possessing a Class B drug with intent to
supply, and (b) three assaults (ABH). The prosecution case on the drugs
matter was that when police executed a search warrant at the defendant’s home
address, they discovered a large quantity of cannabis divided into wraps,
plus pipes, scales and other ancillary items. During the course of the search
the defendant assaulted three police officers. Such a case may be submitted as one file with a single URN, as the
offences are based on the same facts. 2.4.4 Single Offender Multiple Non-Linked
Offences If the offences have no link, either factually or being of the same or
similar nature, they must be submitted as separate files, each with a
different URN. Example: A defendant is
charged with four offences, (a) possessing a Class B drug with intent to
supply, and (b) three assaults (ABH). The prosecution case on the drugs
matter was that, when police executed a search warrant at the defendant’s
home address, they discovered a large quantity of cannabis divided into
wraps, plus pipes, scales and other ancillary items. The assaults are
unconnected as they occurred some days earlier when the defendant was
involved in a disturbance and was arrested for obstruction and assaulting
police officers. The offences are not founded on the same facts, nor are the offences
of a similar character. Separate files, each with a different URN, should be
submitted to deal with the different offences. |
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File 1: Drugs offence File 2: Assaults (the 3 assaults may be submitted on one file as they
are based on the same facts and form part of a series). 2.4.5 Subsequent Offences It is appropriate to include on the same file charges that flow as a
result of each other. Example: A defendant
suspected of assault during the course of an investigation whilst on Part IV
Bail, offers money to the complainant to retract the complaint. This may be
charged as an attempt to pervert the course of justice. The assault and
pervert the course of justice could properly be submitted together on one
file with a single URN. In such cases, however, the more usual scenario would be for the
defendant to have been first charged with assault, prior to the offer of
money. A file would already have been submitted for the assault. When the
pervert the course of justice is charged it should be submitted as a separate
file with a different URN. The CPS might then decide it is appropriate to
merge the cases. 2.4.6 Multiple Offenders, Linked Offences -
Same Offence Offenders charged with the same offence may be submitted on the same
file, with the same URN. Example: Three offenders
arrested during the course of a burglary. Each could be charged with a joint
offence of burglary and one file would be submitted with a single URN. If a new offender was subsequently charged with the same offence, the
file for that new offender should be submitted under a new URN. However, the
Crown Prosecutor may then merge the related files. Applying the example above, some days after the arrest of the 3
burglars, a fourth is located who was acting as lookout. The |
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fourth offender’s file
should be submitted as a separate file with a different URN. 2.4.7 Multiple Offenders, Linked Offences -
Different Offences As a general rule, it is not appropriate to include on the same file,
with the same URN, more than one offender when there are no offences to link
them together, even though there may be a factual link. Example: D1 and D2 are
both arrested living in the same squat. Both have been identified from shop
CCTV as stealing from shops at different times and dates. There is no
evidence that they offend together. The fact that they have been arrested
together is not sufficient for them to be included on the same file with the
same URN. Sometimes it may be appropriate to include two or more defendants on
one file, even though they are not charged with the same offence, if the
offences separately alleged against them are, on the evidence, so closely
related by time or other factors. Example: In a public
house, D1 assaults V1. V2 assists V1 and is assaulted by D2. Even though D1
and D2 have not acted jointly together to enable them to be charged with a
joint assault on V1, it is one incident closely related by time (and probably
other factors, location, witnesses, etc) and it is appropriate to submit one
file with one URN. If the case is more complex, either in terms of the number of offences
or offenders then more than one file should be submitted. Example: Following a
league football match, a number of hooligans become involved in incidents
with visiting supporters who are escorted by police to the railway station. A
number are arrested at points along the route and others are arrested after
the visiting supporters have left the area. |
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A variety of offences of
public disorder and minor assault are charged. On the definition above, this
is a case in which the offences alleged are closely related by time or other
factors, such as location and witnesses. The complexity is such that separate
files to deal with individual defendants, or smaller groups for specific
incidents, should be submitted, each with a different URN. 2.4.8 Multiple Offenders, Non-Linked Offences In some cases, offenders are charged with linked offences and the
investigation reveals that individual offenders have committed other offences.
In such a case the following separate files should be submitted: (i)
a file that deals with the linked
offence (ii)
a number of other files as necessary
to deal with the individual offences. Example: D1, D2, D3 are
arrested stealing from a shop. Upon being searched they are found to be in
possession of other property identified as being stolen from two other local
stores. PACE searches at their
homes reveal the following: D1: Property stolen in a
burglary. D2: Property stolen in an
unrelated burglary. D3: Drugs. In such a case, files
should be submitted as follows: D1, D2, D3: Joint shop
thefts. D1: Burglary/handling as
appropriate. D2: Burglary/handling as
appropriate. D3: Drugs offences. |
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Thus, one investigation results in the submission of four files, each
with a separate URN. 2.4.9 Post File Submission Any decision to split or merge a case after it has been submitted to
the CPS will be taken by a Duty Prosecutor. When submitting a file, an
investigator/supervisor who is aware of a possible link to another case
should inform the Duty Prosecutor of that fact so that a decision as to
merging the cases may be taken at an early stage. 2.5 CPS REVIEW OF THE CASE FILE 2.5.1 Duty Prosecutors must apply the Code for Crown Prosecutors when
reviewing any case received from the police, and continue to do so during the
life of a case, to be satisfied that there is sufficient evidence to provide
a realistic prospect of conviction against each defendant for each offence
and that it is in the public interest to proceed. Crown Prosecutors must also
consider any human rights issues that arise. 2.6 PERFORMANCE MONITORING 2.6.1 A number of joint performance standards have been agreed by ACPO
and the CPS in relation to the management of the charging process. These are
supported by a variety of delivery measures against which areas can gauge
their performance. 2.6.2 The Joint Performance Standards: • Standard 1 – Police will undertake an effective, early investigation
to reduce use of pre-charge bail • Standard 2 – Police will obtain ‘key evidence’ before referral to a
prosecutor for a charging decision • Standard 3 – Police will themselves charge or NFA cases in accordance
with the DPP’s Guidance on Charging |
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• Standard 4 – CPS will provide an immediately accessible service for
the telephone referral of cases • Standard 5 – CPS will ensure early face-to-face consultations are
provided for serious, sensitive and complex cases • Standard 6 – CPS will ensure that charging decisions are consistent
and in accordance with the Code for Crown Prosecutors and appropriate legal
and policy guidance. 2.7 CASE PROGRESSION 2.7.1 The importance of progressing a case has been recognised. Case
progression may be achieved in various ways from area to area and will
address any delays with a view to more cases being effective at court. 2.8 AT COURT 2.8.1 Local arrangements should be made for the efficient service of
‘Initial Details of the Prosecution Case’ (IDPC) (formerly known as Advanced
Information) to the court and to the defence. This may be undertaken at any
stage from point of charge onwards. The CPS should ensure the defence sign
for receipt of any IDPC, particularly any hard copy of audio/visual
recordings served. 2.8.2 At the end of any breach of bail conditions hearing, the
prosecutor should complete the bottom of the MG8 and ensure prompt delivery of the form to the relevant police
station and CPS office. This is for onward transmission to the Witness Care
Unit to update the victim and witnesses as to the bail position of the
defendant. 2.8.3 The CPS lawyer should notify the police immediately after court
of any requirement to upgrade a case file, and in any event within 24 hours. 2.8.4 The CPS will alert the court to
any offences taken into consideration (TICs) listed on the MG18. Where such information is not
available at |
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the first hearing, the CPS prosecutor should apply to the court for a
short adjournment to enable such information to be provided. CASES FOR COURT – INITIAL COURT HEARING 2.8.5 Cases need to be built proportionately by the police to ensure
that progress is made at court and that any unnecessary adjournments are
avoided. The objective is also to limit witnesses to only those that are
required, which avoids unnecessary anxiety to victims and witnesses and
wasted time and delay at court. CASE MANAGEMENT ACTIONS FOLLOWING A ‘NOT GUILTY’
PLEA 2.8.6 In any case in which a not guilty plea is entered, the
prosecutor, at the case management hearing, will: •
Explore with the defence any evidence
that can be agreed or read out to the court. •
Proactively assist the court in the
identification of the issues for trial in compliance with the Criminal
Procedure Rules. •
Complete a Case Management Form – the court and relevant parties are under
an obligation to complete this form. It sets out the areas in dispute between
defence and prosecution and is the main record to direct further file build
and any additional material which the police may need to obtain to provide
for the Prosecution for trial. Agree a timetable for the management of the case
with the court. •
Notify the police of any specific further evidential requirements as
soon as possible and in any case within three working days. 2.9 DISCONTINUANCE 2.9.1 The reviewing lawyer should consult with the police before
reaching a decision to terminate a case or substantially alter the charge. 2.9.2 Whenever a decision
is made to terminate a case, reduce or substantially alter a charge, the CPS
will notify the police and the victim of the reasons for the decision. 2.9.3 If the police have
indicated that they do not wish to be consulted, either by local arrangements
about types of case or in a specific case, then there is no requirement on
the CPS reviewing lawyer to consult before making the decision, although
confirmation of the reasons should nevertheless be given |
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SECTION 3 GUIDE TO COMPLETION OF MG
FORMS Contents MG2: Special needs assessment MG4: Charge record MG4A: Bail grant/variation MG4B: Request to vary conditional bail MG4C: Surety/security MG4D: Postal requisition – info to youth/ parent or guardian MG4E: Postal requisition – adult defendant MG4F: NFA letter MG5: Police report MG6: Case file evidence/information MG6A: Pre interview briefing record MG6B: Police officer/staff misconduct record MG6C: Disclosure schedule – non sensitive unused material MG6D: Disclosure schedule – sensitive unused material MG6E: Disclosure officer’s report MG7: Remand in custody application MG8: Breach of bail MG9: Witness list MG10: Witness non-availability MG11: Witness statement MG12: Exhibit list MG14: Conditional caution MG15: Record of interview MG16: Bad character M MG19: Compensation MG20: Additional information/evidence covering report MG21: Submission of forensic exhibits report MG21A: Additional submission of forensic exhibits report. G18: Offences taken into consideration (TIC) |
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MG2 – WITNESS ASSSESSMENT
FOR SPECIAL MEASURES
•
To advise the CPS of the potential
need for special measures for a witness likely to be called to give evidence
in a case •
To support the CPS in making an application
to a court for specified special measures to meet the witnesses’ needs.
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MG2 – INITIAL WITNESS ASSESSMENT GUIDANCE NOTES 1. Witness Availability 1.1 As soon as an officer takes a
witness statement, he/she should: (i)
Accurately record the witness’s
non-availability to attend court by completing the section on the rear of the
MG11. (ii)
Indicate on the boxes on rear of the MG11 whether the witness will require
any special assistance if attending court and/or whether the witness needs
support as a vulnerable or intimidated witness. (iii)
Complete an MG2 except in anticipated Guilty plea cases. (iv)
Hand to the witness (or parent or guardian
as appropriate) any available witness information in accordance with locally
agreed arrangements. 2. Initial Witness Assessment – MG2 2.1 Form MG2 covers those
cases that require handling under the ‘Special Measures’ procedure for
vulnerable and/or intimidated witnesses. 2.2 Completion of this form is designed to help the police officer
inform the CPS of the information required to make an application to the
court for special measures. 3. Completing form MG2 3.1 For any vulnerable or intimidated witness the court must take into
account the nature and circumstances of the offence and the age of the
witness and any of the following factors that appear to be relevant: •
Social and cultural background and
ethnic origin of witness •
Domestic and employment circumstances
of the witness •
Any religious beliefs or political
opinions of the witness •
Any behaviour towards the person by
the accused, the family or associates of the accused or any other person
likely to be an accused or a witness in proceedings. 3.2 It is essential that the witness is asked for their views as any court
considering granting a measure must take account of all circumstances of the
case and in particular the views of the witness when deciding where the interests
of justice lie. 3.3 Section 5 of the MG2 asks
for views of interested parties such as a parent or guardian. It should only
be completed in appropriate cases where the views of the witness can be
supported or assisted by such a person. This may include: •
the views of the carer about the
witness going to court how supportive is the
carer of the child and the prosecution •
strengths and weaknesses of the
child, such as: Ø
developmental age Ø
linguistic and emotional development
(e.g. the child’s level of understanding, or grasp of time intervals – may be
relevant to specimen charges). |
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Ø attention
span (relevant to requests for breaks when giving evidence) •
the
child’s preference, the carer’s and police view about how the child should
give evidence (i.e. use of screens, TV link, and/or other special measures). MG4 CHARGES
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MG4A BAIL GRANT / VARIATION
MG4B REQUEST TO VARY CONDITIONAL
BAIL
MG4C SURETY / SECURITY
MG4C – SURETY AND SECURITY
GUIDANCE NOTES 1. SURETY 1.1 A
surety is a person who gives an undertaking to ensure an accused person’s
return to custody. A surety’s only obligation is to secure attendance of the
person at court. The surety is not expected to prevent further offences or
interference with witnesses by the accused. 1.2
Section 3(4) of the Bail Act 1976 provides that a person granted bail in
criminal proceedings may be required, before release on bail, to provide one
or more sureties to secure their surrender to custody. 1.3 The
use of conditional bail powers may replace or complement the imposition of a
surety or security. 1.4
When a custody officer is considering the release of a person from police
custody on bail whether after charge or seeking a charging decision, it is
for the custody officer to consider whether a surety may be required, and the
setting of any associated financial surety. 1.5 A
surety may be required to agree a sum of money to be forfeited in the event
of a failure to surrender to custody. The forfeit of the amount of money may
only take place where the accused fails to surrender to custody at the
appointed time and place. 1.6 In
the case of a surety no sum of money needs to be physically deposited (this
would be a security – see below), though the custody officer will need to be
satisfied that the person standing surety would have the means to forfeit the
sum in the event of an accused person’s failure to surrender. 1.7 The
value of any financial surety should be considered appropriate to the
seriousness of the offence. In lieu of a cash surety, consideration may be
given to other goods that have a realisable value. 1.8 It
follows, then, that a surety should only be used where there is a reason to
suspect a failure to appear. If there are reasons to suspect further offences
or witness interference, a surety should not be used. 1.9
Where a person is unable to provide adequate surety, the custody officer
should consider alternative means of ensuring the attendance of the accused
at court, such as a security or further bail conditions. 2. STANDING AS A SURETY 2.1 A
person may be considered suitable to stand as a surety, according to Section
8 of the Bail Act 1976, following an assessment by the custody officer of the
following factors: •
The
proposed surety’s financial resources •
How
the surety would propose to pay the sum of money if the accused fails to
appear •
Their
character and any previous convictions Their
relationship to the accused. 2.2
Before
accepting a person as a surety, custody officers must be confident that the
person standing as surety has the means to pay. The surety must also be made
to understand that the payment of the agreed sum may be required in full, in
the event that the accused fails to answer their bail and surrender at the
appointed time and date. 2.3
Generally,
it is good practice to ensure that a surety: •
Is
over 18 years of age •
Has
the financial means to meet their obligation (to the satisfaction of the
custody officer) •
Has
a permanent address •
Is
likely to be able to secure the attendance of the accused. 2.4
In
most cases, the surety will be required to appear before the custody officer
or court to enter into the agreement. 2.5
Where
a person contacts the police to state that they no longer wish to stand a
surety, they should be required to make a statement, outlining the reasons why.
In these circumstances, if the police feel that a failure to answer bail is
now likely, the accused may be arrested under the Bail Act 1976. 2.6
If
the surety has been imposed as a result of court bail, this withdrawal
statement should be presented to the court and directions sought. In the
event of a failure to appear the court will decide the appropriate course of
action. 2.7
The
key difference between this arrangement and the taking of a security is that
no money actually changes hands unless the accused fails to surrender to
custody. 3. SECURITY 3.1 A
security is a sum of money or item of value that may be lodged with the
custody officer against the accused’s surrender to custody. 3.2
Section 3(5) of the Bail Act 1976 provides that where a person is granted
bail in criminal proceedings, they may be required, before release on bail,
to provide a security to ensure their surrender to custody. 3.3 The
decision to require a security is for the custody officer to consider. Where
it is considered, it is for the custody officer to determine its extent. 3.4 A security should not normally be taken from youths, but see
paragraph 4 below. 3.5 The security may be lodged by the detainee or another person
acting on their behalf. 3.6
Though not a requirement, the likely fine that might be imposed by the court
in the event of a guilty plea should be considered in determining the amount
of security required. In certain cases, the security may exceed the eventual
fine imposed by a court. 3.7
Where a person is unable to provide adequate security, the custody officer
should consider bail with conditions, or refuse bail if there are the
required grounds to believe that the detained person may fail to appear at
court in answer to their bail. 3.8 Before any security is accepted, the
custody officer must be satisfied that the cash/item is in the ownership of
the provider of the security. 3.9
Where a security belongs to a third party, the custody officer must be
satisfied that the third party is aware that the security will be forfeited
if the accused fails to surrender at the appointed time. 3.10 A
security is normally provided in cash, although exceptionally goods may be
offered as security. All the custody officer will need to be mindful of is
any storage implications or difficulties in realising these goods for cash. 3.11 Cheques, credit cards and other non-cash payments should not
be accepted. 4. SPECIAL CONDITIONS RELATING TO YOUTHS (Under 17 YRS) 4.1
Whilst in cases involving adults, surety and security may only be used to
secure attendance at court and forfeiture may only take place in the case of
a failure to surrender to custody, different circumstances may apply to cases
involving youths. 4.2 Section 3(7) of the Bail Act 1976
provides that, where the accused is a youth and his/her parent or guardian
stands surety for him/her, the court may require the surety to secure that
the youth complies with any condition of bail imposed. This requirement may
only be imposed with the consent of the parent or guardian and the sum in
which the parent or guardian is bound may not exceed £50.
MG6 – CASE FILE INFORMATION
GUIDANCE NOTES 1.
Only one MG6 needs to be completed per file regardless of the
number of defendants. 2.
A separate copy of the information to the Prison Service
regarding vulnerable-intimidated witnesses must be completed for each defendant for whom a remand in custody
is sought. This is because defendants may be sent to separate prisons on
remand and may pose different threats to different witnesses. 3.
This form is a restricted communication between police and CPS
and it will not form part of the Initial Details of the Prosecution Case
(IDPC) or be copied to the defence, or to the judge in indictable only
offences. 4.
Guidance on the type of information required on the form is given
below. It is not intended as an exhaustive list and officers should not feel
restricted in any way as to the information supplied and may use the form to
express opinions. 5. Medical Evidence The
target date is important in relation to medical statements that are awaited.
The 2001 Accident and Emergency protocol jointly agreed between ACPO, the CPS
and the British Medical Association should be adhered to for obtaining
statements from hospital staff. 6. Forensic Evidence The
delivery date for the forensic report is a key matter and is contained within
section 12 of the MG21 (Forensics Submissions form) that must be completed in
such cases and a copy attached to the MG6. 7. Visually Recorded Evidence This
applies to existing child protection visually recorded interviews, visually
recorded interviews with youths and vulnerable/intimidated adults, and any
other form of visually recorded evidence including CCTV and police ‘body worn
video’. Particular problems are often encountered when visually recorded
evidence from multiplex systems is copied (many of which are obtained by
police from private or commercial enterprises), and a target date for
providing such copies must be identified. 8. Victims/Witnesses Where
“vulnerable/intimidated” witnesses are referred to in section 5b. and c. of
the MG6, it should be noted that
child witnesses/victims automatically qualify for special measures. See MG2 for more details. 9. Witnesses who have refused to make a statement In
section 5d. the names of any witnesses who have refused to make a statement
should be shown along with any reason or opinion as to why they have refused.
Details of any evidence that this witness could give should be explained as
this might become relevant in crossexamination
should that individual be called as a defence witness. Care should be taken
in determining the evidence that these witnesses may hold and whether it may
be prejudicial to the prosecution case/support the defence case. 10. Other offenders Details
of other offenders still sought, including information re enquiries made and
likely timescales for further enquiries, should be recorded in section 6a. Details
of those persons arrested and bailed who are likely to be charged with
offences linked to this case should be recorded in section 6b. Any persons
charged with ancillary or unrelated offences but are likely also to be
charged with a joint offence or one related to this case should also be
included. Where a
person involved in the same incident has been cautioned, conditionally
cautioned, or given a final warning/reprimand or other out of court disposal
(e.g. Penalty Notice for Disorder), brief details of that person and the
reason why this course of action was taken, rather than a prosecution should
be recorded in section 6c. Show at
section 6d. any persons involved in the same incident who may or may not be codefendants, but who have been charged and will be
connected to this file at a later date, or are to be dealt with separately. 11. Additional information Section
9 of the MG6 should be used for
any information that would assist the prosecutor and is not catered for within
other sections of the form. Examples
include: • Are there any witnesses who could be accomplices? Show
names of persons who are prosecution witnesses but who were in some way
involved in the offence and could therefore be classed as accomplices (e.g.
in a public order case where there are some suspicions that witnesses may
have been involved in the offending but have not been prosecuted). • Others arrested and interviewed but not charged or dealt with by
alternative disposal. Give
details of persons who are not co-defendants on the file but who were
arrested and were not charged or summonsed. State the reasons for this, e.g.
insufficient evidence, enquiries continuing, etc. • Praiseworthy conduct of witnesses. Officers
may tell the CPS of any conduct by non-police witnesses that is particularly
praiseworthy or meritorious. Meritorious conduct by police officers should
only be recorded when it is also subject of an internal police recommendation
for a commendation or bravery award. This will enable the prosecutor to tell
the court. • Victim’s Charter and Witness Care. Unless
otherwise apparent within the case papers show the victim’s views on the
grant of bail along with any police comments. When a defendant is charged
with any of the following offences, the victim’s views about the granting of
bail should always be obtained (whether or not a victim personal statement
(VPS) has been completed): o Offences where violence has been
used or threatened towards an identifiable victim, e.g. robbery, assaults,
riot, violent disorder, affray etc.; o Sexual offences; o Blackmail; o False imprisonment and
kidnapping; o Arson with intent to endanger
life or being reckless as to whether life was endangered; o Offences involving explosives; o Offences involving threatening
or intimidating witnesses, e.g. perverting the course of justice. This
applies to the granting of bail by a custody officer or the court and to an
application to vary conditions. • Intimidation/victimisation. Where
there are grounds to fear that a victim/witness is being or is likely to be
intimidated or further victimised, details should be provided. Include any
specific arrangements for protection and attendance at court. Provide details
if the witness is unlikely, through fear, to attend court and give evidence.
Liaison between the police, CPS and courts over victim and witness care
should continue throughout the life of the case. Particular regard should be
given to cases involving racist motivation where there are grounds to fear
racial intimidation. 12. R v DPP, ex parte LEE (1999) 2 Cr
App. R 304, DC Following
the decision in LEE the prosecutor should consider disclosing the following,
at pre-committal stage, in the interests of justice: • Previous convictions of the
victim, or any material that might assist an application for bail • Anything that may assist the defence
to argue that there should be no committal at all, or committal on a lesser
charge • Anything that may assist an
argument for abuse of process • Information that may assist the
defence to prepare for trial where delay may affect such preparation (i.e. witnesses
you have spoken to that you do not intend to rely upon). This information is
not always going to be disclosed to the defence since Justice Kennedy said
this would depend very much on what the defendant chose to reveal about the
nature of his case. These
are only examples and must not be construed as a definitive list of
categories. In all cases the prosecutor must consider disclosing in the
interests of justice any material that is relevant to sentence (e.g.
information that might mitigate the seriousness of the offence or assist the
accused to lay blame in whole or in part upon a co-accused or another
person). 13. R v DPP, ex parte BEANEY and KING, R v (1999) EWHC Admin 432 (14 May
1999) The case
of LEE was endorsed with the caveat that: • The prosecutor ought to make
enquiries to see if there is other material that he ought to obtain and
disclose, and • In response to focused questions
showing relevancy, the prosecutor cannot say “I haven’t got it”. It is
crucial to bear in mind that the common law duty of disclosure is an aspect
of the duty to ensure a fair trial, so it should not be confined to any
particular stage of the proceedings or type of case. 14. Rationale for Police Charging Decision This
section is only for use where the charge decision is not required to be made
by the CPS and the circumstances
are such that paragraphs 4 or 18 of the Directors Guidance on Charging (v4)
require police to evidence the rationale for charging on an MG6. Where
the police proceed to charge in accordance with the DGC (v4) they will assess
the case to determine: •
the
evidence which supports the charge; •
the
justification for treating the case as an anticipated guilty plea suitable
for sentence in a magistrate’s court (where that is a requirement); •
the
reason why the public interest requires prosecution rather than any other
disposal. Where
the police proceed to charge a summary only offence where the suspect has put
forward a specific defence or denied the offence in interview the police
decision maker will record the reason for doing so on an MG6 and provide a
copy to the CPS with the file for the first hearing in the case. MG6A RECORD OF PRE-INTERVIEW
BRIEFING
MG6B POLICE OFFICER/STAFF
MISCONDUCT RECORD
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