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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 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.
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.
Thus, one investigation results in the submission of four files, each with a separate URN.
2.4.9 Post File Submission