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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 (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.

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

 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 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: pre- meditation, 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:

(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 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

(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.

(ii) 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 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

Supervisor decides

REFERRAL NOT REQUIRED

Case is suitable for police charge or alternative disposal (e.g. NFA, simple caution, restorative justice etc.)

Police investigator consults supervisor for AUTHORISATION TO REFER

case

FACE-TO-FACE CONSULTATION

Serious / complex cases

Supervisor decides

REFERRAL NOT YET READY

Suspect either remains in detention (PACE clock permitting) for further investigation or is released on bail

Supervisor decides case

MEETS REFERRAL CRITERIA

for pre-charge advice or charging decision made in accordance with category of offence

Suspect in detention

Investigator rings Charging Centre at any time

Suspect on pre- charge bail

Investigator rings Charging Centre 9am – 5pm Mon-Fri

TELEPHONE REFERRAL

Volume crime cases

Investigator contacts CPS and makes an appointment in accordance with local protocol

Suspect charged

POLICE CHARGE DECISION

Straightforward cases

PRE_CHARGE REFERRAL PROCESS TO CPS

ANNEX A

ANNEX B

FILE CONTENTS FOR BREACHES OF BAIL

ANNEX C

SIMPLE, STRAIGHTFORWARD ANTICIPATED GUILTY PLEA CASES

 In simple, straightforward cases where the officer can see no obvious challenges to the evidence then a case summary will be sufficient, provided it contains the details of what the defendant said in interview and the effect of the offence on the victim.

 Where the officer considers that the prosecutor may require additional information either to properly review the case and/or to elicit a guilty plea at the first hearing then any statement or exhibit gathered in the course of the investigation which will assist should also be served.

THE NATIONAL FILE STANDARD (NFS) MAY 2015

The NFS involves the preparation of the prosecution case by;

 The production of an accurate, fair and balanced outline of the offence(s) /case.

 The provision of sufficient information for sentencing of an admitted offence or for the progression of the case following the entry of a not guilty plea and the identification of trial issues (at a case management hearing).

 The taking of the essential (key/eye) witness statements only and,

 The removal of any avoidable bureaucracy in the preparation of the (digital) case file.

ANNEX C

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.

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 is 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 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;

(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;

(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.

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. 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

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