Derbyshire Constabulary GUIDELINES FOR THE PREPARATION OF SUMMARY FILES FOR PROSECUTION POLICY REFERENCE 05/040

Transcription

1 Derbyshire Constabulary GUIDELINES FOR THE PREPARATION OF SUMMARY FILES FOR PROSECUTION POLICY REFERENCE 05/040 This guidance is suitable for Public Disclosure Owner of Doc: Head of Department, Criminal Justice Date Approved: December 2005 Review Date: October

2 INDEX Heading Page No 1. Guidance Identification Page Legislative Compliance Introduction Summary Offences Timeliness Issues Pro-forma Witness Statements Form Vehicle Excise Offences Complaints of Sub-standard (including Dangerous) Driving DVLA Print Outs Service of the postal requisition (summons) By Post Offences suitable for the MCA Procedure Postal requisitions (summonses) requiring Personal Service Personal Service Leaving the Postal requisition (summons) with another Person Postal requisition (Summons) for Youth Offender Appeals Procedure Certificate of Service

3 1. Guidance Identification Page Guidance title: Registry Reference number: 05/040 Guidelines for Preparation of Summary Files for Prosecution Guidance implementation date: December 2005 Guidance review date: October 2018 Department / Division responsible: Guidance owner: Criminal Justice Head of Department Last reviewed by: Paul Kaye Date last reviewed: October 2016 Impacts on other policies / guidance / documents (list): None Disclosable under FOI Act: YES Guidance to be published on Intranet YES Guidance to be published on Force Website YES 3

4 2. Legislative Compliance This document has been drafted to comply with the principles of the Human Rights Act. Proportionality has been identified as the key to Human Rights compliance, this means striking a fair balance between the rights of the individual and those of the rest of the community. There must be a reasonable relationship between the aim to be achieved and the means used. Equality and Diversity issues have also been considered to ensure compliance with the Equality Act 2010 and meet our legal obligation in relation to the equality duty. In addition, Data Protection, Freedom of Information and Health and Safety Issues have been considered. Adherence to this policy or procedure will therefore ensure compliance with all relevant legislation and internal policies. 3. Introduction The 2011 Prosecution Team Manual of Guidance for the preparation, processing and submission of prosecution files is the national file standard system. The Manual can be found on the Force Intranet under the Police National Legal Database (PNLD). This Manual, together with the Streamlined Process introduced by the Director of Public Prosecutions in 2009, applies to all cases, whether the defendant is charged or summonsed, except those dealt with under Section 12 of the Magistrates Courts Act 1980, as amended by the Magistrates Courts (Procedure) Act Offences falling under Section 12 of the Magistrates Courts Act 1980 are minor road traffic offences dealt with under what is known as the MCA procedure where the defendant need not attend court and may plead guilty by letter. (Generally, this procedure does NOT apply to cases involving the Youth Court i.e. the youth defendant would have to appear in person to enter a plea). Normally, the police evidence is served on the defendant with the summons/postal requisition. These offences are identified under the Investigator Actions below the offence wording on PNLD. The Central Process Unit, Criminal Justice, will deal with all cases, youth and adult, where the offender is reported for summons. 4. Summary Offences A prosecution file for a summary offence covered by the Manual of Guidance i.e. not being MCA procedure must be submitted in accordance with the Manual of Guidance. All summary offence prosecution files not suitable for submission via a Traffic Offence Report should be submitted electronically through the Niche system. When the file is ready for process, a task should be sent without delay to the Central Process Unit Supervisors. Prosecution files that relate to offences suitable for the MCA procedure (that are not suitable for submission in the form of the Traffic Offence Report), must contain: - 4

5 Statement(s) of evidence to support the listed offences. Any interview with offender or short descriptive notes of any taped interview. Any other relevant documents e.g. collision reports. Any exhibits, e.g. photographs etc. The Niche case file will contain the full details in relation to the offender and offences in order that a postal requisition (summons) can be prepared. Parent or guardian details should be shown for youth offenders. It will contain the CCCJS offence code any variables to the offence as shown on the PNLD offence wording entry. The Traffic Offence Report mentioned above is covered within a separate Force Policy under the heading Traffic Offence Reports and the Vehicle Defect Rectification Scheme. 5. Timeliness Issues Summary Offences have a statutory time limit of 6 months from the date of the offence, in order to lay the information and commence proceedings. There are only limited exceptions to this time limit and PLND should be checked to confirm if this applies to the offence and to how the related investigation has proceeded. Officers must complete investigations and submit a completed file without delay and not await the statutory time limit. For cases following road traffic collisions where the Driver Alertness Course (DAC) is being considered, the file must be submitted within 56 days. 6. Pro-forma Witness Statements Witness pro-forma statements MG11 (documents/defects), MG11 (traffic signs) and MG11 (speeding) for minor road traffic offences must be used in all appropriate cases. 7. Form 104 Form 104 is a dual purpose form and will be used to: - (a) Send written notice of intended prosecution to the registered keeper and users of vehicles where required by legislation. (b) The requirement for the registered keeper, or other party, to identify the driver at the time of a road traffic offence (Section 172 Road Traffic Act, 1988). For evidential purposes the form must be completed and signed by the person to whom it is addressed. As regards the requirement under Section 172 the form must be signed by a person specifically authorised by the Chief Constable to act on his behalf. This is an officer of the rank of Sergeant or above or other personnel who have been issued with written authority. Specific regard should be made in respect of the offences that require the service of the Notice of Intended Prosecution within 14 days of the date of the offence. These offences can be identified via reference to PNLDB. 5

6 8. Vehicle Excise Offences A report on the using or keeping of an unlicensed motor vehicle on a road repairable at public expense will be submitted in duplicate on Form CLE2/8 to Divisional Support Services. Where other offences are involved, the reporting officer should not await the completion of the file but submit Form CLE2/8 immediately. Offences of using a vehicle without a Vehicle Licence are prosecuted by the Vehicle Registration Office and not be the police. 9. Complaints of Sub-standard (including Dangerous) Driving To reduce unnecessary work by staff in dealing with complaints of sub-standard/dangerous driving, when there is a realistic chance of prosecution, the following procedure will be used: - (i) (ii) (iii) (iv) (v) (vi) On receipt of a complaint of sub-standard driving from a member of the public the person receiving the complaint should ensure that the complainant is prepared to make a statement and attend court if required. The officer allocated the complaint will ensure that witness pro-forma statements are sent and the Notice of Intended Prosecution procedures are complied with. On receipt of the completed pro-forma statement(s), the officer will determine whether or not there is sufficient independent witness evidence or if the incident was witnessed by a police officer on duty. Occupants of the complainant s vehicle are not independent. If the incident was not witnessed independently or by a police officer on duty, the file will be submitted via supervision to be marked off No Further Police Action and forwarded to Support Services who will generate no further action letters to the complainant and alleged offender. If the necessary corroborative evidence is available, then the standard of driving alleged should be considered. Unless there is sufficient evidence, it is unlikely a prosecution will follow and no further action should be recommended. The DPP s Guidance on charging 2013 (5 th Edition), identifies the criteria as to when CPS advice is required in a case of dangerous driving. Initially a crime related incident should be registered and it should remain as such until the investigation confirms that the offence is made out, at which stage a crime should be recorded. 10. DVLA Print Outs The Driver Vehicle Licensing Authority (DVLA) driver record computer printouts are required on prosecution files for court purposes in the following cases: - (i) Offences of driving whilst disqualified. 6

7 (ii) (iii) Offences of driving otherwise than in accordance with the conditions of a driving licence including provisional driving offences. Offences of failing to produce a driving licence. Criminal Justice Staff will obtain the DVLA driver record. Officers should make use of PNC to identify driver records. 11. Service of the Postal Requisition (summons) The service of a postal requisition (summons) in England and Wales is governed by the Magistrates Courts Rules and may be effected by: - (i) (ii) (iii) Personal service. Leaving it for the defendant with some responsible person at their last or most usual place of abode. Postal service addressed to them at their last known or usual place of abode. 12. By Post In the first instance, all process which can legitimately be served by post will be so served by the Central Process Unit, Criminal Justice. 13. Offences suitable for the MCA Procedure In cases involving minor offences (including minor traffic) that are suitable for the MCA Procedure, Section 9 statements and other applicable documentary evidence will be served on the defendant by post together with the postal requisitions (summons). This is an agreed procedure between the Police, Crown Prosecution Service and the Courts. This should enable proof in absence of the case when defendants fail to enter a plea. 14. Postal requisitions (summonses) Requiring Personal Service Service by the Police will therefore be necessary in the following cases only: - (i) (ii) Where an attempt to serve by post has failed. Where other reasons for personal service exist in a particular case. 15. Personal Service A postal requisition (summons) may be served upon a defendant at any place but care must be taken that enquiries or service are not affected in such a manner or in place which might prejudice the defendant in the eyes of others. If a defendant refuses to take the postal requisition (summons), it should be read to and left with them, even if they do not handle it. 7

8 16. Leaving the postal requisition (summons) with another Person If personal service cannot be carried out, the summons should be left with an appropriate person (i.e. someone of sufficient responsibility who understands the importance of the postal requisition and preferably someone who is related to the defendant). It must be handed directly to the person receiving it and the recipients name and relationship with the defendant ascertained. The requirements in relation to the postal requisition should be fully explained in the appropriate manner to any person it is left with. Leaving a postal requisition with another person should always be regarded as the last resort, as it is often difficult for the court to accept that the offender was aware of the postal requisition, the court may be reluctant to issue a warrant or prove the case in absence. 17. Postal Requisition (summons) for Youth Offender Postal requisitions requiring personal service on a youth offender must be served in the presence of a parent or guardian, upon whom a similar postal requisition should also be served directing that the young offender be taken before a court. All other postal requisitions will be sent by ordinary post with a copy for information of the parent or guardian. 18. Appeals Procedure Any enquiry received from members of the public regarding a postal requisition they have received should be referred to the Manager, Central Process Unit, based at Criminal Justice HQ (at Derbyshire Constabulary HQ). The local Magistrates Court will deal with appeals against conviction or sentence which should be made within 28 days of conviction. Persons who claim to be unaware of court proceedings that have been taken against them may make a statutory declaration at the Magistrates Court in order to seek to have the case re-opened. This application can be made at any Magistrates Court. A person does not have to attend the Court where the proceedings were taken against them. 19. Certificate of Service When an officer serves a postal requisition, a pocket book entry will be made and the certificate of service will be completed by the person effecting service. All documents should then be returned to the Central Process Unit. 8

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