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.

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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

 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 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