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Where an order on conviction is sought, police must supply sufficient details to
the Prosecutor to justify application for the order sought and any documentation
must be attached to the file. Such orders include:
• An exclusion order, such as being banned from licensed premises or sporting
grounds.
• Anti-Social Behaviour Order.
• Protection from Harassment Act restraining order.
• Compensation order – may be made on conviction, where there has been some
personal injury, loss or damage to any person, for the offence charged or
taken into consideration.
Courts often award compensation at the first hearing, so it is important that,
where known, an estimate of the cost of loss or damage is included on the MG5
form. Additionally, full details of any victim likely to be awarded compensation
should be shown on an MG6 form.
Issues with the Independent Members of the Public’s Witness Statements: -
I continue to raise even larger concerns of issue with regards towards the
Independent members of the public’s witness statements, not being signed by the
witness them self but by active police officers on duty. I am also further
concerned and raise issue with there being no statement of truth attached to all of
the mg11 witness statement forms, both issues are a criminal offence of the Fraud
Act 2006 as follows: -
1. Fraud
(1) A person is guilty of fraud if he is in breach of any of the sections listed in
subsection
(2) (Which provide for different ways of committing the offence).
The sections are: -
(a) Section 2 (fraud by false representation): -
(b) Section 3 (fraud by failing to disclose information), and: -
(c) Section 4 (fraud by abuse of position).
(3) A person who is guilty of fraud is liable: -
442,
(a) on summary conviction, to imprisonment for a term not exceeding 12 months
or to a fine not exceeding the statutory maximum (or to both);
(b) On conviction on indictment, to imprisonment for a term not exceeding 10
years or to a fine (or to both).
All MG Forms are Managed under Guidance From: -
All mg forms are managed under guidance from the home office, so for the
evidential and authenticity standards to be complied with, so for all associated
tools required to create, transport and store a Digital Witness Statement (DWS) is
completed with sufficient evidential authenticity and integrity.
The Key Requirements of Digital Witness Statements are: -
1. The witness must be fully aware of the implications of signing.
2. The mechanism for proving a document must be agreed by the National
Prosecution Team.
3. Where vector representations of signatures are used, these shall use open
standards and must also include a simple image of the signature.
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.