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Supervisors must check that the file complies with the National File Standard
content as per the Director’s Guidance.
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.
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:
• 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 police officers have spoken to that they
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).
There are Three Types of Witness Statement: -
443,
Narrative statements: -
• Made by the people who have played a part in the event at issue?
Production statements: -
• made by people who are employees, who have access to computer systems or
documents, but: -
• Cannot testify as to how the information was entered on to the systems, as it
may have been done by other people in the organisation.
Statements by expert witnesses: