Contents. Introduction. How to report a fraud. What happens when you report a fraud? The investigation process

Size: px
Start display at page:

Download "Contents. Introduction. How to report a fraud. What happens when you report a fraud? The investigation process"

Transcription

1 1

2

3 Contents Introduction How to report a fraud What happens when you report a fraud? The investigation process Who decides if the case should go to court? What is a non-court disposal? What happens at court? Will I have to go to court? Attending court as a witness What if the NHS CFS decides not to prosecute? What punishments can the court hand out? Where can I find more information?

4

5 Introduction We all know that the majority of people who work in and use the NHS are honest, but a minority will seek to defraud it. It s important that we are all aware of the types of fraud that are committed and are not afraid to report fraudulent behaviour. Whether you are an NHS employee, contractor, supplier of goods and services or a member of the public, your input is crucial to help us tackle fraud and corruption in the health service. Anyone can report concerns about fraud in the NHS. This guide explains what is likely to happen when you report a suspicion of fraud to the NHS Counter Fraud Service (NHS CFS) or a Local Counter Fraud Specialist (LCFS) from how your report will be investigated through to what happens if you are asked to be a witness at court. It includes the possible outcomes and how you will be kept informed. Your NHS trust s LCFS may already have discussed these matters with you and can give you information and support. To find out more about how fraud in the NHS is being tackled, visit Information can be given to the confidential NHS Fraud and Corruption Fraud in the NHS 1

6 How to report a fraud Reporting Line freephone (lines are open 8am 6pm Monday to Friday). All calls are dealt with by trained staff and professionally investigated. Alternatively, you can report your concerns online at: You can also report any concerns you may have about fraud in your trust to your LCFS. 2 Fraud in the NHS

7 What happens when you report a fraud? When the NHS CFS receives a fraud referral, its specialist fraud investigators will first decide whether it can be investigated. If an investigation is possible, the case will be either allocated to the trust s LCFS or, in certain circumstances such as high-value frauds or those that cross health body boundaries, referred to a counter fraud specialist in the NHS CFS. Depending on what stage an investigation or court case is at, the person alleged to be responsible for an offence may be referred to in different ways: They will be called: the suspect during the investigation the defendant during the court case the offender if they are found guilty. When an investigation commences, a counter fraud specialist in the NHS CFS will set about collecting evidence such as witness statements and will interview the suspect. They may take advice from a lawyer at any stage of the investigation. Once the counter fraud specialist has completed their investigation, the following options are available: Take no action at all this can happen at any time in the investigation. Refer the matter to the trust for internal action. Offer the suspect a non-court disposal (e.g. a warning or a caution) see page 6 for more details. Charge the suspect at the police station or summons them in writing. Conduct a private prosecution. Use the police to assist with the prosecution. Fraud in the NHS 3

8 Investigation process Allegation investigated by LCFS or NHS CFS? yes no No further NHS CFS action Possibility of internal trust action NHS CFS or LCFS collects evidence (e.g. witness statements) and interviews suspect Evidence passed to lawyer for advice Suspect charged or summonsed? yes no Lawyer advises non-court disposal? yes no Case begins court process see What happens at court? section Non-court disposal actioned If appropriate, NHS CFS gives evidence to external regulatory body 4 Fraud in the NHS

9 Who decides if the case should go to court? Evidence is collated and passed to a lawyer for advice on whether the case is suitable to go to court. The lawyer must make such decisions in line with official guidance known as the Code for Crown Prosecutors. This states that before any case can be taken to court, the lawyer must be satisfied that, in their opinion: A: There is enough evidence that can be used to give a more than 50/50 chance of the suspect being convicted. If there is not enough evidence, the case cannot be taken to court, no matter how serious or important it is. Once the lawyer has decided that there is enough evidence, they must also be satisfied that: B: It is in the public interest to take the case to court. It should be noted that there are many other factors that must be taken into account when deciding if a prosecution is in the public interest. Fraud in the NHS 5

10 What is a non-court disposal? There are a number of ways in which a case can be officially dealt with without it going to court. These include the issue of a caution or conditional caution: Caution (also called a simple caution) A caution can only be given if the offender has admitted the offence and there is sufficient evidence to support a prosecution but it is felt appropriate to deal with the offence outside of the court process. A caution will appear on a person s police record. Conditional caution A conditional caution is similar to a simple caution but carries conditions that the offender must comply with. Failure to do so may result in prosecution for the original offence. A conditional caution can only be given if the offender has admitted the offence and there is sufficient evidence to support a prosecution but it is felt appropriate to deal with the offence outside of the court process. These are known as non-court disposals. Other types of non-court disposal include reprimands or final warnings (for juveniles) and warnings (for adults). These will not usually be used in fraud cases. The NHS CFS and lawyers have the final say in deciding how a suspect should be dealt with, and will take into account the views of the defrauded trust. This decision is always made in conjunction with the trust s Director of Finance. This is also the case if the decision is to offer a caution or conditional caution. For offences with no individual victim, arrangements should be made locally for the LCFS to take the role of official victim on behalf of the NHS body affected. 6 Fraud in the NHS

11 What happens at court? If the NHS CFS decides that action should be taken, court proceedings will begin. Most cases will appear in court several times before a trial takes place or a sentence is imposed. It can be several months after your report before the investigation is concluded. There are a number of different court hearings that might be required once the suspect has been charged or summonsed. These include: hearings to determine whether the case will be heard in a magistrates court or Crown Court (depends on how serious the offence is) hearings to decide whether someone who has been kept in custody since being arrested should remain there or be released on bail hearings where the defendant is formally asked to plead guilty or not guilty. If the defendant pleads guilty The court will arrange a sentencing hearing. This may not take place for several weeks as the court may need reports to help determine the appropriate sentence. These may include psychiatric reports, medical reports and reports on what type of non-prison sentence would be suitable. Fraud in the NHS 7

12 What happens at court? If the defendant pleads not guilty The case will go for trial. A date will be set, which may be several weeks or even months in the future. The prosecution and then the defence will present their evidence. This will include some or all of the witnesses giving their evidence at court. In a magistrates court, the panel of magistrates (or a single District Judge) will decide if the case has been proved and declare the defendant guilty or not guilty. In the Crown Court, the jury will decide. Where a defendant is found guilty, a sentencing hearing will normally be arranged, as detailed above. 8 Fraud in the NHS

13 Court process First court hearing is always in a magistrates court. There may be two or three preliminary hearings here to resolve various legal matters. Type of offence Summary Indictable All summary offence cases will stay in the magistrates court Defendant asked to plead Guilty Not guilty Date set for trial. Witnesses told if they must attend in person. Magistrates (or District Judge) decide if defendant is: Guilty Not guilty Indictable cases can be tried in a magistrates court or Crown Court Case to be heard in: Magistrates court Crown Court Defendant asked to plead Not guilty Guilty Date set for trial. Witnesses told if they must attend in person. Jury decide if defendant is: Not guilty Guilty Case may be adjourned for reports to be prepared for the court Case ends No further criminal action possible Case may be adjourned for reports to be prepared for the court Sentence imposed by the court and any orders to pay compensation or legal costs made. Fraud in the NHS 9

14 Will I have to go to court? This will not usually be clear until the defendant is asked to plead guilty or not guilty. If the defendant pleads guilty, the witnesses will not normally have to go to court. As most court hearings are held in public, you may wish to attend the sentencing hearing to find out what punishment the court decides on and why. If the defendant pleads not guilty, a trial will be arranged. If a trial does take place, all witnesses may be asked to attend court and give evidence. You will be notified in advance of the date of the trial and how long it is expected to last. If the case is expected to take more than a day, you may also be told on which day you should go. The counter fraud specialist will keep all witnesses informed. Trials in a magistrates court will usually be given a fixed date. If the trial is to take place in the Crown Court, the case may be put on the warned list, which means that the trial will begin some time within a two-week period. You may only be notified of the trial date the day before it is due to start. Once you are told that the case has to go to trial, you must contact either the Witness Support Service or the counter fraud specialist immediately if there is any reason why you may be unable to attend court. If you have access to the internet, you can watch a video produced by the government about what happens if you have to go to court: Or you can read or listen to the interactive guides at: 10 Fraud in the NHS

15 Attending court as a witness The thought of going to court to give evidence can be worrying. Victim Support operates a Witness Support Service offering support and information (see page 15 for contact details). They may be able to arrange a visit to the court before the trial to help you familiarise yourself with the building and the process. They will also be able to give you information on what you should do when you attend court for the trial (where to sit, who to ask for assistance, etc). When you arrive at court, you should be contacted by the counter fraud specialist, who will answer any questions you may have. They will usually escort you to the Witness Support Service waiting area. You should not normally have to wait in the same area as the defendant or their friends and family. Directly employed NHS staff will usually be given paid time off to attend court as a witness. If you are employed by a contractor, there may be different arrangements. Witnesses can be paid expenses for attending court and, in some cases, compensation if they have lost earnings because of this. Fraud in the NHS 11

16 What if the NHS CFS decides not to prosecute? Even if the decision is made not to prosecute, other action may be possible. For example, the health body may take internal action if the suspect is an employee or refer the case to an external regulatory body, such as the General Medical Council or Nursing and Midwifery Council, for consideration. 12 Fraud in the NHS

17 What punishments can the court hand out? For most offences, the courts have access to a range of different sentencing options. When deciding on the sentence to impose, judges and magistrates must bear in mind the principles of sentencing, which are: protecting the public punishing offenders reducing crime rehabilitating offenders offenders paying funds back into the NHS (this can be the NHS trust defrauded). They must also consider: how long the fraudulent activity lasted whether the offender was caught or confessed the defendant s character and record (i.e. if they have been convicted previously) the defendant s personal circumstances and whether they have shown remorse for their actions. All of the following sentences will be recorded on the Police National Computer, meaning that the offender will have a criminal record. Types of sentence Absolute and conditional discharge Even if an offender is found guilty (and now has a criminal record), the court may decide that it is not appropriate to impose a punishment. An absolute discharge means that the matter is closed. A conditional discharge means that there is no immediate punishment. However, if the person commits another offence within a specified period, they can be punished for the original offence as well as the new one. Fraud in the NHS 13

18 What punishments can the court hand out? Fine The maximum fine available in a magistrates court is 5,000. However, the court must consider the offender s finances before deciding on the level of the fine. A fine can normally be imposed in conjunction with most other types of sentence. Community sentence A community sentence is a court order that the offender is legally obliged to comply with. Failure to comply can mean being taken back to court, where a more severe order can be imposed. Failing to comply with this second order can lead to the court passing sentence for the original offence, with the full range of sentences available. Imprisonment The length of a prison sentence will depend on how serious the offence is, as well as other factors. Different offences carry differing maximum penalties. If the offender has been in custody before, the trial time will be deducted from the time they have been sentenced to. If this is longer than the time they are sentenced to, they will be released immediately. Suspended sentence In some cases, the court can impose a suspended sentence order. This means that the offender must abide by conditions set out in the order. If they fail to do so, they risk being sent to prison. Deferred sentence The court may not impose a sentence immediately, choosing instead to postpone the decision for up to six months. During this period, the offender s behaviour will be monitored by the probation service. The court may also impose conditions to regulate their behaviour during this time. The offender must agree to sentence being deferred. 14 Fraud in the NHS

19 Where can I find more information? Victim Support is an independent charitable organisation offering support and information to those affected by crime both victims and witnesses. The police will usually give you contact details for the local Victim Support unit and ask if you wish your own details to be passed to them. You do not have to agree to your details being given to Victim Support, nor do you have to approach them through the police. Victim Support can also help victims and other witnesses who have to attend court before, during and after the case. Tel: Website: You can also contact your trust s LCFS (details on next page). More useful websites Crown Prosecution Service Code for Crown Prosecutors Court Service court information and addresses Criminal Justice Service information for victims and witnesses Home Office Code of Practice for Victims of Crime Fraud in the NHS 15

20 Contact your LCFS If you require this information in any other format (i.e. large print, audio, Braille or another language) please call or NHS Counter Fraud Service Fraud in the NHS

FROM CHARGE TO TRIAL: A GUIDE TO CRIMINAL PROCEEDINGS

FROM CHARGE TO TRIAL: A GUIDE TO CRIMINAL PROCEEDINGS FROM CHARGE TO TRIAL: A GUIDE TO CRIMINAL PROCEEDINGS If you are experiencing, or have experienced, domestic violence and/or sexual violence there are a number of ways the law can protect you. This includes

More information

Guide to Criminal procedure

Guide to Criminal procedure Guide to Criminal procedure This free guide gives a general idea to members of the public as to what you may expect to encounter if you or someone you know is charged with a criminal offence. The overriding

More information

Making a Victim Personal Statement. You have a voice in the criminal justice system and have a right to explain how the crime has affected you

Making a Victim Personal Statement. You have a voice in the criminal justice system and have a right to explain how the crime has affected you Making a Victim Personal Statement You have a voice in the criminal justice system and have a right to explain how the crime has affected you CONTENTS About this leaflet What is a Victim Personal Statement

More information

Victims of Crime. information leaflet. Working together for a safer Scotland

Victims of Crime. information leaflet. Working together for a safer Scotland Working together for a safer Scotland If you have been a victim of crime this leaflet is to help let you know about how to find support and help and to tell you about the criminal justice system. Support

More information

WHERE WILL MY CRIMINAL CASE BE DEALT WITH AND WHAT HAPPENS?

WHERE WILL MY CRIMINAL CASE BE DEALT WITH AND WHAT HAPPENS? WHERE WILL MY CRIMINAL CASE BE DEALT WITH AND WHAT HAPPENS? This factsheet relates to those who are 18 or over. If you are 17 or under, please see our separate factsheet for the Youth Court. Where will

More information

CHARGED with a CRIME What YOU

CHARGED with a CRIME What YOU YOU VE been CHARGED with a CRIME What YOU NEED to KNOW Visit the Alberta Justice website at: www.justice.alberta.ca This booklet is intended to provide general information only. If you require specific

More information

YOU VE been CHARGED. with a CRIME What YOU. NEED to KNOW. Justice

YOU VE been CHARGED. with a CRIME What YOU. NEED to KNOW. Justice YOU VE been CHARGED with a CRIME What YOU NEED to KNOW Justice 1 This booklet is intended to provide general information only. If you require specific legal advice, please consult the appropriate legislation

More information

7. MY RIGHTS IN DEALING WITH CRIMINAL LAW AND THE GARDAÍ

7. MY RIGHTS IN DEALING WITH CRIMINAL LAW AND THE GARDAÍ 7. MY RIGHTS IN DEALING WITH CRIMINAL LAW AND THE GARDAÍ 7.1 Victim of a crime What are my rights if I have been the victim of a crime? As a victim of crime, you have the right to report that crime to

More information

REPORT TO CRIME & DISORDER OVERVIEW & SCRUTINY PANEL. Title: OVERVIEW OF THE CRIMINAL JUSTICE SYSTEM. Date: 27 th October 2009

REPORT TO CRIME & DISORDER OVERVIEW & SCRUTINY PANEL. Title: OVERVIEW OF THE CRIMINAL JUSTICE SYSTEM. Date: 27 th October 2009 REPORT TO CRIME & DISORDER OVERVIEW & SCRUTINY PANEL Title: OVERVIEW OF THE CRIMINAL JUSTICE SYSTEM Date: 27 th October 2009 Officer Reporting: Brian Martin, Community Safety Manager Contact Officer(s):

More information

The Witness Charter. Standards of care for witnesses in the Criminal Justice System

The Witness Charter. Standards of care for witnesses in the Criminal Justice System The Witness Charter Standards of care for witnesses in the Criminal Justice System 1 THE WITNESS CHARTER About this charter The Witness Charter has been developed to tell you how, as a witness, you can

More information

Making a Victim Personal Statement

Making a Victim Personal Statement Making a Victim Personal Statement Your chance to explain how the crime has affected you VPS. Every crime has a victim. Every victim deserves a voice. Contents About this leaflet 01 About the VPS 03 How

More information

Queensland DRUG REHABILITATION (COURT DIVERSION) ACT 2000

Queensland DRUG REHABILITATION (COURT DIVERSION) ACT 2000 Queensland DRUG REHABILITATION (COURT DIVERSION) ACT 2000 Act No. 3 of 2000 Queensland DRUG REHABILITATION (COURT DIVERSION) ACT 2000 Section TABLE OF PROVISIONS PART 1 PRELIMINARY Page 1 Short title.....................................................

More information

AN INTRODUCTION COURT. Victim Services Department of Justice

AN INTRODUCTION COURT. Victim Services Department of Justice AN INTRODUCTION TO COURT Victim Services Department of Justice TABE OF CONTENTS 1. INTRODUCTION......1 2. FIING A POICE REPORT...1 3. COURT PROCESS......2 4. TESTIFYING IN COURT...5 5. COMMONY ASKED QUESTIONS...6

More information

ATTORNEY GENERAL S GUIDELINES ON PLEA DISCUSSIONS IN CASES OF SERIOUS OR COMPLEX FRAUD

ATTORNEY GENERAL S GUIDELINES ON PLEA DISCUSSIONS IN CASES OF SERIOUS OR COMPLEX FRAUD ATTORNEY GENERAL S GUIDELINES ON PLEA DISCUSSIONS IN CASES OF SERIOUS OR COMPLEX FRAUD A FOREWORD A1. These Guidelines set out a process by which a prosecutor may discuss an allegation of serious or complex

More information

Going to Court as a Witness

Going to Court as a Witness Going to Court as a Witness - July 2010 Going to Court as a Witness 1 Introduction Going to court can be stressful for many victims and witnesses. If you need to give evidence in a criminal trial, we hope

More information

The Law on Drink Driving

The Law on Drink Driving Drink driving What is the legal limit? 80mg of alcohol in 100mg of blood 107mg of alcohol in 100mg of urine 35mg of alcohol in 100ml of breath When can the police ask for a breath test? An officer in uniform

More information

INFORMATION / FACT SHEET CRIME TO TRIAL PROCESS CRIMINAL COURT HEARINGS EXPLAINED

INFORMATION / FACT SHEET CRIME TO TRIAL PROCESS CRIMINAL COURT HEARINGS EXPLAINED INFORMATION / FACT SHEET CRIME TO TRIAL PROCESS CRIMINAL COURT HEARINGS EXPLAINED *(Please be advised that this is a general guide only and is by no means an exhaustive summary of all criminal court hearings.

More information

Attending Court as a Witness

Attending Court as a Witness Attending Court as a Witness 2006 Attending Court as a Witness This booklet is also available in the following languages: - Arabic - French - Irish - Latvian - Lithuanian - Mandarin - Polish - Russian

More information

Community Legal Information Association of PEI. Prince Edward Island, Inc.

Community Legal Information Association of PEI. Prince Edward Island, Inc. Community Legal Information Association of Prince Edward Island, Inc. Sentencing This pamphlet gives you some information about sentencing in criminal court. If you are charged with a criminal offence,

More information

Defending Yourself in Criminal Court

Defending Yourself in Criminal Court Community Legal Information Association of Prince Edward Island, Inc. Defending Yourself in Criminal Court If you are charged with a criminal offence, certain federal offences, or a provincial offence,

More information

GETTING THROUGH THE CRIMINAL JUSTICE SYSTEM

GETTING THROUGH THE CRIMINAL JUSTICE SYSTEM GETTING THROUGH THE CRIMINAL JUSTICE SYSTEM ARREST An ARREST starts the criminal justice process. It is called an arrest whether the police officer hands you a summons or puts handcuffs on you and takes

More information

You ve reported a crime so what happens next?

You ve reported a crime so what happens next? You ve reported a crime so what happens next? This booklet tells you what you can expect from the Criminal Justice System, and explains: what happens now how to get advice and support your rights where

More information

Who benefits from the Rehabilitation of Offenders Act and how?

Who benefits from the Rehabilitation of Offenders Act and how? What is the Rehabilitation of Offenders Act 1974? The Rehabilitation of Offenders Act 1974 exists to support the rehabilitation into employment of reformed offenders who have stayed on the right side of

More information

The Region of Waterloo Drug Treatment Court

The Region of Waterloo Drug Treatment Court The Region of Waterloo Drug Treatment Court Adult PROGRAM Waiver for Stream B Participants I understand that I am charged with the following criminal offence(s) of: [LIST BELOW] The normal course of a

More information

Information for witnesses going to court

Information for witnesses going to court Information for witnesses going to court Useful telephone numbers Witness Service...440496 Victim Support...440496 Women s Refuge...08007 356836 (freephone) Citizen s Advice Bureau...08007 350249 (freephone)

More information

Being a witness in a criminal trial

Being a witness in a criminal trial Being a witness in a criminal trial If you have been the victim of an offence, or a witness to that offence, you may be asked to make a formal statement. The judge who hears the case can use your statement

More information

Glossary. To seize a person under authority of the law. Police officers can make arrests

Glossary. To seize a person under authority of the law. Police officers can make arrests Criminal Law Glossary Arrest Charge Convicted Court Crime/Offence Crown Attorney or Prosecutor Criminal Custody Guilty Illegal Innocent Lawyer To seize a person under authority of the law. Police officers

More information

SPECIALIST 24 HR CRIMINAL DEFENCE

SPECIALIST 24 HR CRIMINAL DEFENCE SPECIALIST 24 HR CRIMINAL DEFENCE What happens at the Police Station? Often the most important stage in any case is what happens in the police station. In most cases you will be under arrest and it may

More information

John Howard Society. Criminal Justice Education

John Howard Society. Criminal Justice Education Youth Criminal Justice Act HANDBOOK John Howard Society Criminal Justice Education Youth Criminal Justice Act Handbook Introduction... 4 To whom does the Act apply?... 4 To whom does the Act not apply?...

More information

YOUTH LEGAL CENTRE. Bail. 1 What is bail? 2 Does bail apply in all criminal cases?

YOUTH LEGAL CENTRE. Bail. 1 What is bail? 2 Does bail apply in all criminal cases? YOUTH LEGAL CENTRE Bail 1 What is bail? Bail is an agreement entered into by a person accused of a criminal offence ( the accused or the defendant ). By signing a bail acknowledgement, the accused person

More information

Victims of crime: Understanding the support you can expect

Victims of crime: Understanding the support you can expect Victims of crime: Understanding the support you can expect If you have been a victim of crime, you are entitled to certain information and support from criminal justice organisations such as the police

More information

Traffic. Court. What you need. to know when you ve been charged with a provincial offence. website at: www.albertacourts.ab.ca

Traffic. Court. What you need. to know when you ve been charged with a provincial offence. website at: www.albertacourts.ab.ca Traffic Court What you need? to know when you ve been charged with a provincial offence website at: www.albertacourts.ab.ca Table of Contents 1. You Have Been Charged With an Offence. Now What? ----------------1

More information

Timing: between 45 minutes and 75 minutes depending on options chosen.

Timing: between 45 minutes and 75 minutes depending on options chosen. eaching notes Key Stage: KS4. Criminal Justice System 3 How does the Youth Justice System work? Resources: internet access Resource 1 Quick quiz true or false? Resource 2 Key words and events Resource

More information

The Victims Code: Young victims of crime: Understanding the support you should get

The Victims Code: Young victims of crime: Understanding the support you should get The Victims Code: Young victims of crime: Understanding the support you should get If you re a victim of crime, support and information is available to help you get through it. The Victims Code is a Government

More information

DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS

DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS This pamphlet has been provided to help you better understand the federal

More information

The Criminal Procedure Rules Part 5 as in force on 7 April 2014 PART 5 FORMS AND COURT RECORDS

The Criminal Procedure Rules Part 5 as in force on 7 April 2014 PART 5 FORMS AND COURT RECORDS Contents of this Part PART 5 FORMS AND COURT RECORDS Section 1: forms Forms rule 5.1 Forms in Welsh rule 5.2 Signature of forms rule 5.3 Section 2: court records Duty to make records rule 5.4 Recording

More information

The support you should get if you are a victim of crime

The support you should get if you are a victim of crime The support you should get if you are a victim of crime This is an EasyRead booklet showing you what to do. About this booklet The Ministry of Justice wrote this information. This is an EasyRead guide

More information

Criminal appeals. Page 1 of 19 Criminal appeals version 3.0 Published for Home Office staff on 08 July 2015

Criminal appeals. Page 1 of 19 Criminal appeals version 3.0 Published for Home Office staff on 08 July 2015 Page 1 of 19 Criminal appeals version 3.0 Published for Home Office staff on 08 July 2015 About this guidance An overview of appeals Appeals relating to immigration enforcement investigation cases The

More information

Community Legal Information Association of Prince Edward Island, Inc.

Community Legal Information Association of Prince Edward Island, Inc. Community Legal Information Association of Prince Edward Island, Inc. Going to Court: Criminal Trial Procedure If you've been charged with a crime and your case has not been diverted from the courts system,

More information

REPORTING AN OFFENCE TO THE POLICE: A GUIDE TO CRIMINAL INVESTIGATIONS

REPORTING AN OFFENCE TO THE POLICE: A GUIDE TO CRIMINAL INVESTIGATIONS REPORTING AN OFFENCE TO THE POLICE: A GUIDE TO CRIMINAL INVESTIGATIONS If you are experiencing or have experienced domestic volence and/or sexual violence there are a number of ways the law can protect

More information

GUIDANCE Implementing Section 176 of the Anti-social Behaviour, Crime and Policing Act 2014: Lowvalue

GUIDANCE Implementing Section 176 of the Anti-social Behaviour, Crime and Policing Act 2014: Lowvalue GUIDANCE Implementing Section 176 of the Anti-social Behaviour, Crime and Policing Act 2014: Lowvalue shoplifting Guidance for police in England and Wales First publication: June 2014 1 Introduction 1.

More information

How will I know if I have to give evidence in court?

How will I know if I have to give evidence in court? Being a Witness What is a witness? A witness is a person who is required to come to court to answer questions about a case. The answers a witness gives in court are called evidence. Before giving evidence,

More information

The Criminal Procedure Rules October 2015 PART 9 ALLOCATION AND SENDING FOR TRIAL

The Criminal Procedure Rules October 2015 PART 9 ALLOCATION AND SENDING FOR TRIAL Contents of this Part PART 9 ALLOCATION AND SENDING FOR TRIAL General rules When this Part applies rule 9.1 Exercise of magistrates court s powers rule 9.2 Matters to be specified on sending for trial

More information

Criminal Justice (Scotland) Bill [AS INTRODUCED]

Criminal Justice (Scotland) Bill [AS INTRODUCED] Criminal Justice (Scotland) Bill [AS INTRODUCED] CONTENTS Section PART 1 ARREST AND CUSTODY CHAPTER 1 ARREST BY POLICE 1 Power of a constable 2 Exercise of the power Arrest without warrant Procedure following

More information

A. APPLICABILITY OF GUIDELINE

A. APPLICABILITY OF GUIDELINE 1 Reduction in Sentence for a Guilty Plea Draft Guideline A. APPLICABILITY OF GUIDELINE The Sentencing Council issues this guideline as a draft guideline in accordance with section 120 of the Coroners

More information

Applying appropriate sanctions consistently

Applying appropriate sanctions consistently Applying appropriate sanctions consistently Policy statement April 2013 Tackling fraud and managing security Contents 1 Introduction... 1 2 The NHS Protect approach to pursuing sanctions... 1 3 The criminal

More information

The Witness and the Justice System in Alberta

The Witness and the Justice System in Alberta The Witness and the Justice System in Alberta Introduction This booklet provides basic information about appearing as a witness in the courts of Alberta. It is designed to explain your role as a witness,

More information

Information for Crime Victims and Witnesses

Information for Crime Victims and Witnesses Office of the Attorney General Information for Crime Victims and Witnesses MARCH 2009 LAWRENCE WASDEN Attorney General Criminal Law Division Special Prosecutions Unit Telephone: (208) 332-3096 Fax: (208)

More information

RULES OF SUPREME COURT OF VIRGINIA PART THREE A CRIMINAL PRACTICE AND PROCEDURE APPENDIX

RULES OF SUPREME COURT OF VIRGINIA PART THREE A CRIMINAL PRACTICE AND PROCEDURE APPENDIX RULES OF SUPREME COURT OF VIRGINIA PART THREE A CRIMINAL PRACTICE AND PROCEDURE APPENDIX Form 6. Suggested Questions to Be Put by the Court to an Accused Who Has Pleaded Guilty (Rule 3A:8). Before accepting

More information

PART 37 TRIAL AND SENTENCE IN A MAGISTRATES COURT

PART 37 TRIAL AND SENTENCE IN A MAGISTRATES COURT Contents of this Part PART 37 TRIAL AND SENTENCE IN A MAGISTRATES COURT When this Part applies rule 37.1 General rules rule 37.2 Procedure on plea of not guilty rule 37.3 Evidence of a witness in person

More information

APPEARANCE, PLEA AND WAIVER

APPEARANCE, PLEA AND WAIVER Guide to Municipal Court What Types of Cases Are Heard in Municipal Court? Cases heard in municipal court are divided into four general categories: Violations of motor vehicle and traffic laws Violations

More information

JUVENILE JUSTICE SYSTEM

JUVENILE JUSTICE SYSTEM JUVENILE JUSTICE SYSTEM A delinquency petition is a court document alleging that a juvenile, between ages 10-16, has violated a law which would be a criminal offense if committed by an adult. Disposition

More information

STUDENT LEGAL SERVICES THEFT, FRAUD AND POSSESSION OF STOLEN PROPERTY A GUIDE TO THE LAW IN ALBERTA REGARDING OF EDMONTON COPYRIGHT AND DISCLAIMER

STUDENT LEGAL SERVICES THEFT, FRAUD AND POSSESSION OF STOLEN PROPERTY A GUIDE TO THE LAW IN ALBERTA REGARDING OF EDMONTON COPYRIGHT AND DISCLAIMER COPYRIGHT AND DISCLAIMER A GUIDE TO THE LAW IN ALBERTA REGARDING THEFT, FRAUD AND POSSESSION OF STOLEN PROPERTY version: 2008 STUDENT LEGAL SERVICES OF EDMONTON GENERAL All information is provided for

More information

Glossary of Terms Acquittal Affidavit Allegation Appeal Arraignment Arrest Warrant Assistant District Attorney General Attachment Bail Bailiff Bench

Glossary of Terms Acquittal Affidavit Allegation Appeal Arraignment Arrest Warrant Assistant District Attorney General Attachment Bail Bailiff Bench Glossary of Terms The Glossary of Terms defines some of the most common legal terms in easy-tounderstand language. Terms are listed in alphabetical order. A B C D E F G H I J K L M N O P Q R S T U V W

More information

The Code. for Crown Prosecutors

The Code. for Crown Prosecutors The Code for Crown Prosecutors January 2013 Table of Contents Introduction... 2 General Principles... 3 The Decision Whether to Prosecute... 4 The Full Code Test... 6 The Evidential Stage... 6 The Public

More information

The Criminal Procedure Rules Part 17 as in force on 2 February 2015 PART 17 EXTRADITION

The Criminal Procedure Rules Part 17 as in force on 2 February 2015 PART 17 EXTRADITION Contents of this Part PART 17 EXTRADITION Section 1: general rules When this Part applies rule 17.1 Meaning of court, presenting officer and defendant rule 17.2 Section 2: extradition proceedings in a

More information

the criminal justice system and child sex offences

the criminal justice system and child sex offences Your children, Your rights a series of legal guides for parents of children who have been sexually abused CHILDREN AND THE LAW the criminal justice system and child sex offences Experiencing and reporting

More information

What you don t know can hurt you.

What you don t know can hurt you. What you don t know can hurt you. Why you need a defense lawyer if you are charged with a misdemeanor. A misdemeanor conviction is SERIOUS A misdemeanor is not a minor crime. If you are convicted of a

More information

The Code. for Crown Prosecutors

The Code. for Crown Prosecutors The Code for Crown Prosecutors February 2010 This booklet is available in: (Bengali) (Punjabi) (Gujurati) (Welsh) (Tamil) (Traditional Chinese) (Somali) (French) (Polish) (Arabic) (Urdu) Introduction 1.1

More information

Purpose of the Victim/Witness Unit

Purpose of the Victim/Witness Unit Purpose of the Victim/Witness Unit The Victim/Witness Assistance Division of the Lake County State s Attorney s Office was formed to serve the needs of people like you. The division is meant to ensure

More information

General District Courts

General District Courts General District Courts To Understand Your Visit to Court You Should Know: It is the courts wish that you know your rights and duties. We want every person who comes here to receive fair treatment in accordance

More information

Morgan County Prosecuting Attorney Debra MH McLaughlin

Morgan County Prosecuting Attorney Debra MH McLaughlin Morgan County Prosecuting Attorney Debra MH McLaughlin Directions: From Fairfax Street Entrance, Enter Main Door, turn Right through door, up the narrow staircase. Office is at top of steps. (Old Circuit

More information

Building Confidence and Capacity for Court Court Reports, Letters of Support and Supporting Your Client in the Court Room

Building Confidence and Capacity for Court Court Reports, Letters of Support and Supporting Your Client in the Court Room Building Confidence and Capacity for Court Court Reports, Letters of Support and Supporting Your Client in the Court Room Legal Aid NSW, July 2012 Presented by Andrew Bide and Clare Magni, Solicitors,

More information

Victims of Crime the help and advice that s available

Victims of Crime the help and advice that s available Details about Victim Support Your local Victim Support Scheme is: Victims of Crime the help and advice that s available You can also contact the Victim Supportline on: 0845 30 30 900 Or, if you prefer,

More information

Rehabilitation of. Offenders Act 1974

Rehabilitation of. Offenders Act 1974 Resettlement information Rehabilitation of Offenders Act 974 This leaflet updates the information published in summer 200 by Nacro about the Rehabilitation of Offenders Act 974. It is written primarily

More information

Consequences of a. Youth Record

Consequences of a. Youth Record Consequences of a Youth Record Public Legal Education and Information Service of New Brunswick (PLEIS-NB) is a non-profit, charitable organization. We receive funding and in-kind support from Justice Canada,

More information

Chapter 3. Justice Process at the County Level. Brooks County Courthouse

Chapter 3. Justice Process at the County Level. Brooks County Courthouse Chapter 3 Justice Process at the County Level Brooks County Courthouse Chapter Three: Judice Process at the County Level Developmental Assets: Life Skills: TEKS: Objectives: 10. Safety 30. Responsibility

More information

Supporting victims and witnesses with a learning disability

Supporting victims and witnesses with a learning disability Supporting victims and witnesses with a learning disability July 2009 Contents Introduction page 2 The Crown Prosecution Service page 5 The Code for Crown Prosecutors page 8 Ability to give evidence page

More information

Information for victims of crime

Information for victims of crime This leaflet sets out what you can expect from key service providers as a victim of crime. It also contains information about organisations that you can contact for free advice, practical information or

More information

An Introduction to the Federal Public Defender=s Office and the Federal Court System

An Introduction to the Federal Public Defender=s Office and the Federal Court System Some Things You Should Know An Introduction to the Federal Public Defender=s Office and the Federal Court System Office of the Federal Public Defender Southern District of West Virginia 300 Virginia Street

More information

Chapter 6. Commonwealth offences

Chapter 6. Commonwealth offences Chapter 6 Commonwealth offences Chapter 6 Commonwealth offences A. Introduction.... (6-1) B. Jurisdiction... (6-2 6-5) C. Common offences index.... (6-6 6-7) D. Sentencing.... (6-8 6-12) E. Appeals...

More information

Code of Practice for Victims of Crime

Code of Practice for Victims of Crime Code of Practice for Victims of Crime October 2013 Code of Practice for Victims of Crime Presented to Parliament pursuant to section 33 of the Domestic Violence, Crime and Victims Act 2004 October 2013

More information

Criminal Justice System Commonly Used Terms & Definitions

Criminal Justice System Commonly Used Terms & Definitions Criminal Justice System Commonly Used Terms & Definitions A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Accused: Acquittal: Adjudication: Admissible Evidence: Affidavit: Alford Doctrine: Appeal:

More information

INFORMATION ABOUT APPEALS FOR VICTIMS OF CRIME AND THEIR FAMILIES

INFORMATION ABOUT APPEALS FOR VICTIMS OF CRIME AND THEIR FAMILIES Who deals with appeals? INFORMATION ABOUT APPEALS FOR VICTIMS OF CRIME AND THEIR FAMILIES The Court of Appeal Criminal Division deals with appeals by defendants against their conviction at the Crown Court

More information

Defending Yourself. in Provincial Court. Public Legal Education and Information Service of New Brunswick

Defending Yourself. in Provincial Court. Public Legal Education and Information Service of New Brunswick Defending Yourself in Provincial Court Public Legal Education and Information Service of New Brunswick Public Legal Education and Information Service of New Brunswick is a non-profit organization. Its

More information

Fraud, Bribery and Money Laundering Offences Definitive Guideline DEFINITIVE GUIDELINE

Fraud, Bribery and Money Laundering Offences Definitive Guideline DEFINITIVE GUIDELINE Fraud, Bribery and Money Laundering Offences Definitive Guideline DEFINITIVE GUIDELINE Fraud, Bribery and Money Laundering Offences Definitive Guideline 1 Contents Applicability of guideline 4 Fraud 5

More information

Community Legal Information Association of PEI, Inc. Sexual Assault

Community Legal Information Association of PEI, Inc. Sexual Assault Community Legal Information Association of PEI, Inc. Sexual Assault As an adult in Canada, you have the right to choose when or if you engage in sexual activity. Sexual activity without your consent is

More information

Criminal Justice Statistics Quarterly Update to March 2013

Criminal Justice Statistics Quarterly Update to March 2013 / Criminal Justice Statistics Quarterly Update to 2013 England and Wales Ministry of Justice Statistics bulletin Published 22 August 2013 Contents Contents... 1 Introduction... 2 Executive summary... 4

More information

THE QUEENSLAND DRUG COURT PRESENTED BY ANNE THACKER MAGISTRATE QUEENSLAND

THE QUEENSLAND DRUG COURT PRESENTED BY ANNE THACKER MAGISTRATE QUEENSLAND THE QUEENSLAND DRUG COURT PRESENTED BY ANNE THACKER MAGISTRATE QUEENSLAND Drug Rehabilitation (Court Diversion) Act 2000 Section 4(1) objects are to (a) reduce the level of drug dependency in the community;

More information

Victims of Crime. support and advice in Gloucestershire CRIMINAL JUSTICE SYSTEM

Victims of Crime. support and advice in Gloucestershire CRIMINAL JUSTICE SYSTEM 3 Victims of Crime support and advice in Gloucestershire The police will pass information about you to Victim Support so that they can offer you help and support, unless you ask the police not to. The

More information

HOW A TYPICAL CRIMINAL CASE IS PROSECUTED IN ALASKA

HOW A TYPICAL CRIMINAL CASE IS PROSECUTED IN ALASKA HOW A TYPICAL CRIMINAL CASE IS PROSECUTED IN ALASKA The Office of Victims Rights receives many inquiries from victims about how a criminal case in Alaska is investigated by police and then prosecuted by

More information

What to do if called to give evidence

What to do if called to give evidence What to do if called to give evidence An information guide for witnesses Contents Being a witness 2 Inquiry centre 2 Support and assistance 2 Before attending the inquiry How the case is prepared 3 What

More information

Chapter 10: Records, Fingerprints, Photos, DNA. Part 1: Understanding Records

Chapter 10: Records, Fingerprints, Photos, DNA. Part 1: Understanding Records Note: As of October 23, 2015 Questions 5 and 12 of this chapter is still being edited. For updated information, please consult: http://jfcy.org/en/rights/criminal-youth-criminal-justice-act/ Chapter 10:

More information

The NHS Counter Fraud Strategy

The NHS Counter Fraud Strategy The NHS Counter Fraud Service exists to minimise losses through Fraud & Corruption. Every year millions of pounds of public money are at risk to fraud and corruption in the NHS. A small minority of people

More information

Victims of violent crime

Victims of violent crime Victims of violent crime What can I do if I am the victim of violent crime? Report the crime to the Police. If it is an emergency, call 000. Otherwise, you can either go to the nearest police station or

More information

# Magistrates' Courts Rules (Northern Ireland) 1984

# Magistrates' Courts Rules (Northern Ireland) 1984 # Magistrates' Courts Rules (Northern Ireland) 1984 SR 1984/225. Up-dated to 1 Dec 2013 In compiling the version of the Rules the compiler has sought to correct errors in the loose leaf published version,

More information

- Contents of this Guide - The Purpose of this Guide 1. Important Disclaimer 1. Special Hardship Orders 2. Special Hardship Orders 3

- Contents of this Guide - The Purpose of this Guide 1. Important Disclaimer 1. Special Hardship Orders 2. Special Hardship Orders 3 - Contents of this Guide - The Purpose of this Guide 1 Important Disclaimer 1 Special Hardship Order vs Restricted License Application 2 Special Hardship Orders 2 Special Hardship Orders 3 When an Application

More information

COURT CASE MANAGEMENT PROGRAM GENERAL GUIDELINES

COURT CASE MANAGEMENT PROGRAM GENERAL GUIDELINES COURT CASE MANAGEMENT PROGRAM TABLE OF CONTENTS INTRODUCTION...2 GUIDELINE: ASSIGNMENT COURT...3 Goal of Assignment Courts... 3 Matters Which Will Be Booked Into Assignment Courts... 3 Location and Number

More information

CAYMAN ISLANDS. Supplement No. 9 published with Extraordinary Gazette No. 53 of 17th July, 2015. DRUG REHABILITATION COURT LAW.

CAYMAN ISLANDS. Supplement No. 9 published with Extraordinary Gazette No. 53 of 17th July, 2015. DRUG REHABILITATION COURT LAW. CAYMAN ISLANDS Supplement No. 9 published with Extraordinary Gazette No. 53 of 17th July, 2015. DRUG REHABILITATION COURT LAW (2015 Revision) Law 26 of 2006 consolidated with 19 of 2012. Revised under

More information

A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal

A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal Presented by the Office of the Richmond County District Attorney Acting District Attorney Daniel L. Master, Jr. 130 Stuyvesant

More information

Chapter 9. Motor vehicle offences

Chapter 9. Motor vehicle offences Chapter 9 Motor vehicle offences Chapter 9 Motor vehicle offences A. Overview... (9-1) B. Vehicle offences involving liquor or other drugs... (9-2 9-4) C. Unlicensed, disqualified and suspended driving...

More information

The Witness Charter. Standards of care for witnesses in the criminal justice system

The Witness Charter. Standards of care for witnesses in the criminal justice system The Witness Charter Standards of care for witnesses in the criminal justice system December 2013 Crown copyright 2013 Produced by the Ministry of Justice You may re-use this information (excluding logos)

More information

You be the Judge. Sentencing Law in Tasmania. General Sentencing Principles

You be the Judge. Sentencing Law in Tasmania. General Sentencing Principles You be the Judge Sentencing Law in Tasmania Sentencing Law & Purposes SENTENCING LAW - SOURCES Sentencing Act 1997 (TAS) Youth Justice Act 1997 (TAS) Crimes Act 1914 (Cwth) Common law (case law; previous

More information

Queensland DANGEROUS PRISONERS (SEXUAL OFFENDERS) ACT 2003

Queensland DANGEROUS PRISONERS (SEXUAL OFFENDERS) ACT 2003 Queensland DANGEROUS PRISONERS (SEXUAL OFFENDERS) ACT 2003 Act No. 40 of 2003 Queensland DANGEROUS PRISONERS (SEXUAL OFFENDERS) ACT 2003 TABLE OF PROVISIONS Section Page PART 1 PRELIMINARY 1 Short title....................................................

More information

The criminal and civil justice systems in England and Wales

The criminal and civil justice systems in England and Wales The criminal and civil justice systems in England and Wales Introduction Important differences exist between UK civil and criminal proceedings that have implications for fraud investigations, including

More information

GETTING TO KNOW THE CRIMINAL JUSTICE SYSTEM

GETTING TO KNOW THE CRIMINAL JUSTICE SYSTEM Patricia A. DeAngelis District Attorney GETTING TO KNOW THE CRIMINAL JUSTICE SYSTEM AN OFFENSE IS COMMITTED There are three types of offenses that can be committed in New York State: VIOLATION MISDEMEANOR

More information

Where can I get help after a sexual assault?

Where can I get help after a sexual assault? Sexual Assault What is assault? Assault is when someone uses force to hurt you. Slapping, kicking and pushing can be assault. Sometimes touching can be an assault. Threatening or trying to hurt someone

More information

DRINKING AND DRIVING OFFENCE

DRINKING AND DRIVING OFFENCE What to do if you are charged with a DRINKING AND DRIVING OFFENCE This booklet is not about provincial Motor Vehicle Act penalties for drinking and driving. This guide explains what normally happens when

More information

The Federal Criminal Process

The Federal Criminal Process Federal Public Defender W.D. Michigan The Federal Criminal Process INTRODUCTION The following summary of the federal criminal process is intended to provide you with a general overview of how your case

More information

TABLE OF CONTENTS. Homicide Case Flowchart...3. Overview of Homicide Trial...4. Location of Local Court Houses...5. General Courtroom Diagram...

TABLE OF CONTENTS. Homicide Case Flowchart...3. Overview of Homicide Trial...4. Location of Local Court Houses...5. General Courtroom Diagram... A Guide to the Homicide Criminal Justice Process P a g e 2 TABLE OF CONTENTS Homicide Case Flowchart...3 Overview of Homicide Trial...4 Location of Local Court Houses...5 General Courtroom Diagram...6

More information