Lecture 14 Case File Management Flashcards
What is a Case File?
The file is a collection of documents on nationally approved forms, on which evidence for each case is presented in a written format, so that interested parties can have the key points of each case readily to hand, particularly in court.
Where are the nationally agreed forms outlined?
Prosecution Team Manual of Guidance (MOG)
When does a Case File begin?
- Potentially each time an incident occurs
- As soon as you seize evidence, search someone, complete a road collision ‘booklet’ or take a statement, you are commencing a case file.
What is a OIC?
Officer in charge of investigating the case.
You are responsible for everything that happens within that case!
What is key evidence?
Key evidence is that evidence which wether alone (the evidence of one witness) or taken together with other evidence (further witness and exhibits) establishes:
- The points to prove for each offence
- The person(s) to be charged committed the offence with any necessary criminal intent…
What is the NFS?
National File Standard
- provides for a staged and proportionate approach to the preparation of case file.
- it specifies the material required for the first hearing and identifies how the file is to be developed at appropriate stages throughout the life of the case
- The NFS provides the prosecutor, the defence and the court with the information proportionate and necessary to the progress of the case.
- The standard should be used to develop the file should it be required to proceed to court.
What is GAP?
Guilty anticipated plea
What is NGAP?
Not Guilty Anticipated Plea
When may a guilty plea be anticipated?
- The suspect had made a clear and unambiguous admission to the offence and has said nothing that could be used as a defence.
OR - The suspect has made no admission but has not denied the offence or otherwise indicated it will be contested and the commission of the offence and identification of the offender can be established by reliable evidence or the suspect can be seen clearly committing the offence on a good quality visual recording.
What must be included in the National File Standard for a PRE CHARGE REPORT FOR CPS CHARGING DECISION?
** Not disclosable to all parties
Must Include:
MG3/MG3A**- Report/ further report to crown prosecutors (include any DV checklists, hate crime incident reports).
Previous Convictions of suspect and key prosecution witnesses
MG11(s)- Key witness statement(s) or ROVI
Any material that undermines the prosecution case or assists the defence case. Disclosure schedules are NOT required at this stage.
Where applicable also include:
MG6- Case file evidence and information
MG7- Remand Application (where DCF not in use)
MG11- VPS (or ISD, CIS)
MGDD- Drink/ Drive forms
Indication of: Special measures, hearsay, bad character, video link, evidence to be applied for.
Other key evidence: CCTV, Medical or forensic reports, photographs, documentary exhibits, 999 tapes, etc. If not available indicate on the MG6 the date requested and timescales for results to be returned/ available.
What must be included in the National File Standard for a GUILTY ANTICIPATED PLEA (GAP) and MAGISTRATES COURT CASE FILE?
** Not disclosable to all parties
Must include:
MG4/ 4A- Charge sheet and bail/ variation or MG4D/ DPG/E Postal/ written charge [where Digital Case File (DCF) not in use]
MG5- [DCF where in use] Case summary including common law certificate on disclosure.
MG6**- Case file evidence and information previous convictions- print of defendant
Where applicable also include:
MG2- Special measures assessment
MG3/MG3A- Report/ further report to crown prosecutors (include any DV checklists, hate crime incident reports).
MG4A/B/C- Bail conditional/ vary/ security/ surety
MG7- Remand Application (where DCF not in use)
MG8- Breach of Bail Conditions (Where DCF not in use)
MG11- VPS (or ISB, CIS where appropriate)
MG11- Key witness statements/ evidence. e.g CCTV, only if necessary to explain or supplement the case summary or where viewing may have an impact on sentence.
MG18 - Offences TIC
MG19**- or compensation documentation e.g estimates or invoices. Only use MG19 if cannot be incorporated on MG5/DCF.
What must be included in the National File Standard for a NOT GUILTY ANTICIPATED PLEA (NGAP) AND CROWN COURT CASES (irrespective of plea?
** Not disclosable to all parties
Must Include:
MG3/MG3A- Report/ further report to crown prosecutors
MG4/ 4A- Charge sheet and bail/ variation or MG4D/ DPG/E Postal/ written charge [where Digital Case File (DCF) not in use]
MG5- [DCF where in use] Case summary including common law certificate on disclosure.
MG6- Case file evidence and information
MG9- List of witnesses
MG10- Witness non availability
MG11(s)- All key witness statements(s) or ROVI
Streamlined Disclosure Certificate (SDC) (NGAP ONLY)
Previous Convictions- Print of defendant and key prosecution witness.
Where applicable also include:
MG2- Special Measures Assessment
MG4 A/B/C- Bail conditional/ vary/ security/surety
MG6B- Police officer/ staff misconduct (NGAP only)
MG6D- Schedule of relevant sensitive material (NGAP ONLY)
MGDD- Drink/ drive forms
MG7- Remand application (where DCF not in use)
MG8*- Breach of Bail conditions (where DCF not in use)
MG11- VPS (or ISB, CIS where appropriate)
MG12- Exhibits list
MG16- Bad character/ dangerous offender
MG18- Offences TIC
MG19**- Compensation form and details
[MG] SFR- Forensic submission/ results from serious forms
Other key evidence: CCTV, Medical or forensic reports, photographs, documentary exhibits, 999 tapes, etc. If not available indicate on the MG6 the date requested and timescales for results to be returned/ available.
What is the National File Standard for POST 1ST MAGISTRATES COURT CASE HEARING?
No further file build and submission required, Except any further material identified, prior to or at the case management hearing, as being necessary for trial (e.g updated medical report, MG15 interview record) or that may come into police possession post 1st hearing.
What is the National File Standard for POST 1ST MAGISTRATE HEARING- CROWN COURT CASES?
Must Include:
All initial NGAP/ Crown court case material
PLUS:
Full MG6 Disclosure series (MG6C/ D and E)
MG11- All other statements (including corroborative, continuity etc) and material identified on an MG3/3A action plan and not yet provided.
MG15- Interview record.
Unless specifically advised that any less material is required for early guilty plea or following initial case management.
What are some specialist departments in CPS?
- Specialist Fraud Department
- International Justice and Organised Crime Division
- Specialist Crime and Counter Terrorism Divison
