Lesson 4 Witnesses new template 2024-06-05 17_31_13.docx

Lesson Template =============== ------------------ ----------------------------------------------------------------------- Module Reference Module Title Introduction to Witnesses Unit Reference Leave blank Unit Title Leave blank Lesson Reference 4 Lesson Title...

Lesson Template =============== ------------------ ----------------------------------------------------------------------- Module Reference Module Title Introduction to Witnesses Unit Reference Leave blank Unit Title Leave blank Lesson Reference 4 Lesson Title Lesson 4 -- Preparing the case for court -- disclosure and casefiles. ------------------ ----------------------------------------------------------------------- Lesson Pages ------------ +-----------------------+-----------------------+-----------------------+ | **Ref** | **Content** | **Notes** | +-----------------------+-----------------------+-----------------------+ | **001** | **\[H- Before you get | **READ THIS** | | | started\]** | | | | | | | | Take your time to | | | | read this article. It | | | | should only take a | | | | couple of minutes: | | | | | | | | [Met Police to conduc | | | | t urgent review after | | | | rape trial collapse | | | | by BBC News](https:// | | | | www.bbc.co.uk/news/uk | | | | -england-london-42365 | | | | 521) | | | | ===================== | | | | ===================== | | | | ===================== | | | | ===================== | | | | ===================== | | | | ===================== | | | | ==== | | | | | | | | So, you can now | | | | hopefully comprehend | | | | the importance of | | | | disclosure. | | +-----------------------+-----------------------+-----------------------+ | | **\[~~Figure 4.01 -- | **Make a Note** | | | headlines rape | | | | victim's phones\]~~** | | | | | | | | While failure to | | | | disclose information | | | | is clearly an issue, | | | | a compounding issue | | | | is: how much is too | | | | much? Should every | | | | piece of information | | | | and evidence obtained | | | | throughout the | | | | investigation be | | | | handed over to the | | | | defence? And how far | | | | should the police go | | | | in terms of their | | | | investigation? Should | | | | they obtain every | | | | text, Messenger, | | | | WhatsApp, SnapChat | | | | message sent from a | | | | victim's phone? What | | | | about their search | | | | history? There has | | | | been a great deal of | | | | media attention | | | | around this subject | | | | over the past few | | | | years, especially | | | | around rape cases. | | | | | | | | What do you think? | | | | Take some time now to | | | | record your ideas on | | | | the Padlet. We will | | | | discuss the responses | | | | and the overall issue | | | | in the live session. | | | | | | | | [**[https://ardenuniv | | | | ersity.padlet.org/rst | | | | rzelecki1/the-witness | | | | -fzkby48j1h5ymgih]{.u | | | | nderline}**](https:// | | | | ardenuniversity.padle | | | | t.org/rstrzelecki1/th | | | | e-witness-fzkby48j1h5 | | | | ymgih)  | | +-----------------------+-----------------------+-----------------------+ | **002** | **\[H -- Lesson | | | | Introduction\]** | | | | | | | | Hello and welcome to | | | | lesson four -- you | | | | are almost halfway | | | | through this final | | | | module of level four, | | | | I hope you are | | | | enjoying it so far! | | | | | | | | Within this lesson, | | | | we will examine | | | | disclosure, which is | | | | the sharing of | | | | information/material | | | | between the | | | | prosecution and | | | | defence. We will also | | | | be building on what | | | | you learnt in the | | | | last lesson about the | | | | CPS, their | | | | responsibilities for | | | | charging and taking | | | | the case to court. We | | | | will look at the hand | | | | over from the police | | | | to the CPS, the role | | | | of the casefile in | | | | this, and how this | | | | evolves during the | | | | prosecution process. | | | | Finally, we will | | | | investigate the role | | | | of **The Criminal | | | | Cases Review | | | | Commission and their | | | | role in reviewing | | | | cases where there | | | | have potentially been | | | | miscarriages of | | | | justice.** | | | | | | | | Please work through | | | | the content and | | | | remember, if you have | | | | any questions, you | | | | can join us for our | | | | live discussion or | | | | even book a virtual 1 | | | | to 1. Enjoy the | | | | lesson! | | | | | | | | **\[H -- Learning | | | | outcomes\] ** | | | | | | | | By the end of this | | | | session, you will | | | | have developed | | | | learning towards | | | | achieving outcomes 3 | | | | and 5 as shown | | | | below:  | | | | | | | | 1. | | | | | | | | | | | | | | | | 2. | | | | | | | | | | | | | | | | 3. | | | | | | | | | | | | | | | | 4. 5. | | +-----------------------+-----------------------+-----------------------+ | **003** | **\[H-Disclosure\]** | | | | | | | | Disclosure is a | | | | fundamental aspect of | | | | the criminal justice | | | | system in the UK. The | | | | basis for this comes | | | | down to the 'right to | | | | a fair trial', which | | | | is Article 6 of the | | | | European Convention | | | | on Human Rights and | | | | the Human Rights Act | | | | 1998. How can a | | | | defendant answer | | | | charges against them, | | | | if they do not know | | | | what evidence there | | | | is? How can they | | | | prepare for court, if | | | | they do not know what | | | | they will be faced | | | | with? It would be | | | | like going to a job | | | | interview without | | | | knowing the job | | | | description or the | | | | name of the company | | | | you're applying for, | | | | but with much higher | | | | stakes. Poor | | | | disclosure management | | | | may result in | | | | miscarriages of | | | | justice either for a | | | | victim (if trial is | | | | suspended) or for a | | | | defendant (wrongful | | | | prosecution). Further | | | | to this, it results | | | | in delays that can be | | | | distressing for those | | | | involved and result | | | | in increased costs to | | | | the criminal justice | | | | system. | | | | | | | | Disclosure is covered | | | | under the Criminal | | | | Procedure and | | | | Investigation Act | | | | (CPIA) 1996 Section 3 | | | | (as amended by the | | | | Criminal Justice Act | | | | 2003), which states; | | | | | | | | a. Disclose to the | | | | accused any | | | | prosecution | | | | material which | | | | has not | | | | previously been | | | | disclosed to the | | | | accused and which | | | | might reasonably | | | | be considered | | | | capable of | | | | undermining the | | | | case for the | | | | prosecution | | | | against the | | | | accused or of | | | | assisting the | | | | case for the | | | | accused, or | | | | | | | | b. Give to the | | | | accused a written | | | | statement that | | | | there is no | | | | material of a | | | | description | | | | mentioned in | | | | paragraph a." | | | | | | | | 'Material' is | | | | frequently referred | | | | to when discussing | | | | disclosure. This is | | | | defined as: any | | | | information, | | | | recordings, | | | | statements, objects | | | | etc, which comes into | | | | the possession of, or | | | | is generated by, an | | | | investigator during | | | | the course of the | | | | investigation. | | | | | | | | There are some | | | | exemptions to | | | | disclosure, the | | | | primary of which is | | | | on the grounds of | | | | public interest. This | | | | is generally referred | | | | to as **PII (Public | | | | Interest Immunity)** | | | | and this is used to | | | | prevent sensitive | | | | information from | | | | reaching the public | | | | domain. It can be | | | | used to protect | | | | informants in serious | | | | crime. It is the | | | | court who determines | | | | whether the PII | | | | should be upheld or | | | | if the evidence | | | | should be disclosed. | | | | If the disclosure of | | | | the material could | | | | sway the case in so | | | | much as to prove the | | | | innocence of the | | | | defendant, or avoid a | | | | miscarriage of | | | | justice, then the | | | | court would not | | | | uphold the PII | | | | request. Should the | | | | court decide that the | | | | material should be | | | | disclosed then the | | | | prosecution have to | | | | choose whether to | | | | disclose the material | | | | or discontinue the | | | | case. An inspection | | | | into disclosure found | | | | only a small | | | | percentage of cases | | | | (22.7%) produced | | | | material which was | | | | deemed sensitive. The | | | | principal reasons for | | | | this were; when it | | | | related to private | | | | information, such as | | | | Social Services | | | | records or where the | | | | information was | | | | provided | | | | confidentially. | | | | | | | | Another instance | | | | where disclosure may | | | | not occur is when it | | | | is prohibited by | | | | Section 56 of the | | | | Investigatory Powers | | | | Act 2016. This act | | | | refers to the | | | | interception of | | | | communication, which | | | | is only permissible | | | | when a warrant signed | | | | by the Home Secretary | | | | is obtained. It is | | | | worth noting that | | | | evidence obtained by | | | | this means is unable | | | | to be referred to by | | | | the prosecution | | | | either, as such the | | | | perception is that | | | | neither side would | | | | gain an advantage | | | | from its | | | | non-disclosure. | | | | | | | | However, the | | | | prosecution should | | | | not dump all obtained | | | | material onto the | | | | defence. This would | | | | overload the defence, | | | | which again would | | | | infringe the | | | | defendant's right to | | | | a fair trial. It | | | | would additionally | | | | result in delays to | | | | the court process, | | | | which in turn creates | | | | additional cost. | | | | There is not a | | | | requirement for | | | | irrelevant material | | | | to be obtained | | | | (during the | | | | investigation) to be, | | | | reviewed or | | | | disclosed. | | | | Additionally, | | | | material which does | | | | not support the | | | | defendant -- be that | | | | natural or negative | | | | material does not | | | | warrant disclosure. | | | | | | | | (HM Crown Prosecution | | | | Service Inspectorate | | | | 2020; Attorney | | | | General's Office | | | | 2022; Choo 2021) | | +-----------------------+-----------------------+-----------------------+ | **003** | The below diagram | | | | gives an overview of | | | | the disclosure | | | | process. The police | | | | and investigators | | | | have a legal | | | | responsibility to | | | | record and retain | | | | material obtained | | | | during the course of | | | | an investigation. | | | | This material can be | | | | broadly split into | | | | two categories, | | | | **evidence** which is | | | | the basis of the | | | | prosecution's case | | | | and **unused | | | | material,** which is | | | | material which the | | | | prosecution does not | | | | intend to use, an | | | | example of this could | | | | be the crime log. | | | | There may also be a | | | | third small category | | | | of non-relevant | | | | material generated in | | | | some investigations. | | | | All that classed as | | | | evidence is | | | | disclosable to the | | | | defence. The unused | | | | material is then | | | | assessed to see if it | | | | meets either criteria | | | | specified in the CPIA | | | | (1996). If it does, | | | | the material itself, | | | | or a copy of it, is | | | | provided to the | | | | defence. Where the | | | | information is | | | | sensitive, the court | | | | will need to be | | | | consulted around its | | | | disclosure. If the | | | | unused material does | | | | not meet the CPIA | | | | (1996) criteria, then | | | | a brief description | | | | of the material is | | | | provided to the | | | | defence on a | | | | schedule. Where the | | | | information is | | | | classed as sensitive, | | | | then the schedule is | | | | only provided to the | | | | prosecutor who will | | | | review the disclosure | | | | test. | | | | | | | | **\[Figure 4.02 -- | | | | Disclosure\]** | | | | | | | | Figure 4.02: Figure | | | | by Penny Standen | | | | (personal collection) | | +-----------------------+-----------------------+-----------------------+ | **003** | The CPIA 1996 also | | | | covers defence | | | | disclosure under | | | | Section 6. A defence | | | | statement must be | | | | issued if the case is | | | | to be heard in crown | | | | court and prosecution | | | | has complied with | | | | Section 3 (i.e. | | | | disclosed relevant | | | | material). However, | | | | it is not compulsory | | | | for cases that will | | | | be heard in | | | | Magistrates court. | | | | | | | | A defence statement | | | | outlines; | | | | | | | | - The basis of the | | | | defendant's | | | | defence, | | | | including any | | | | specific defences | | | | it intends to use | | | | such as | | | | self-defence. | | | | | | | | - Any evidence | | | | (statements or | | | | otherwise) or | | | | points of law, | | | | which they plan | | | | to dispute and | | | | the basis for | | | | this. | | | | | | | | - Any evidence | | | | which the defence | | | | is preparing to | | | | rely on. | | | | | | | | - If an alibi is | | | | going to form | | | | part of the | | | | defence strategy, | | | | then the details | | | | of this including | | | | the personal | | | | details of any | | | | witness must be | | | | provided. | | | | | | | | - If the defence | | | | intends to call | | | | witnesses | | | | including expert | | | | witnesses to give | | | | evidence, then | | | | the details of | | | | these should be | | | | provided. | | | | | | | | The defence may also | | | | use this as an | | | | opportunity to | | | | request any | | | | undisclosed unused | | | | material from the | | | | prosecution. | | | | | | | | Section 7 of the CPIA | | | | (1996) states that | | | | the prosecutor must | | | | continually review | | | | disclosure taking | | | | into consideration | | | | the defence | | | | statement. The | | | | defence statement may | | | | also highlight areas | | | | of the case which | | | | require further | | | | investigation. In | | | | this case the | | | | information should be | | | | passed on to the | | | | police in order for | | | | these lines of | | | | enquiry to be carried | | | | out and any material | | | | which arises should | | | | be reviewed in lines | | | | with disclosure. | | | | | | | | (Gibson & Cavadino | | | | 2008; HMCPSI 2020; | | | | Choo 2021) | | | | | | | | We touched on the | | | | balance of informing | | | | the defence of | | | | relevant material, | | | | while not overloading | | | | them. There is also a | | | | balance to be | | | | achieved when | | | | considering the | | | | 'right to a private | | | | and family life', | | | | which is Article 8 of | | | | the European | | | | Convention of Human | | | | Rights against | | | | Article 6 the 'right | | | | to a fair trial'. As | | | | such, this type of | | | | material should only | | | | be obtained if it is | | | | a ***reasonable*** | | | | line of enquiry, if | | | | it is ***legally*** | | | | obtainable, | | | | ***necessary,*** and | | | | ***proportionate.*** | | | | It is worth noting | | | | that confidential | | | | material (such as | | | | medical records, | | | | journalistic sources | | | | etc.) are not covered | | | | by PII. Nevertheless, | | | | the court can take | | | | this into | | | | consideration when | | | | reviewing disclosure | | | | of this type of | | | | material. | | | | Consideration should | | | | be given to whether | | | | the material could be | | | | gained by alternative | | | | means, which would | | | | not breach this | | | | confidence. It may be | | | | that if material | | | | needs to be disclosed | | | | to the defence, any | | | | personal information | | | | within which does not | | | | meet the disclosure | | | | test should be | | | | redacted. This is the | | | | act of obscuring some | | | | of the information, | | | | for example crossing | | | | out names and dates | | | | of birth from a | | | | document or editing a | | | | video to cover | | | | by-standers faces. | | | | | | | | (Attorney General's | | | | Office 2022) | | +-----------------------+-----------------------+-----------------------+ | **003** | The 4 R's are | | | | commonly referred to | | | | in line with | | | | disclosure | | | | | | | | 1. Record | | | | | | | | 2. Retain | | | | | | | | 3. Reveal | | | | | | | | 4. Review | | +-----------------------+-----------------------+-----------------------+ | **003** | The case you read at | | | | the start of the | | | | lesson was not a | | | | standalone event. | | | | Around 2017 and 2018 | | | | there were a number | | | | of critical reviews | | | | and inspections which | | | | found the prosecution | | | | disclosure practice | | | | to be lacking. In | | | | 2018 Richard Foster | | | | who was the chairman | | | | of the Criminal Cases | | | | Review Commission | | | | (CCRC who we will | | | | come back to later) | | | | stated in 2013 and | | | | reiterated in 2018 | | | | "*disclosure failures | | | | as the continuing | | | | biggest single cause | | | | of miscarriages of | | | | justice"* | | | | (Miscarriages of | | | | Justice Organisation, | | | | 2018). On the back of | | | | these numerous | | | | reports a National | | | | Disclosure | | | | Improvement Plan was | | | | implemented in 2018. | | | | A subsequent report | | | | conducted 2018/19 | | | | published in 2020 by | | | | Her Majesties Crown | | | | Prosecution Service | | | | Inspectorate found | | | | marked improvements | | | | around serious and | | | | complex crime but | | | | improvements still | | | | outstanding for more | | | | volume crime. | | +-----------------------+-----------------------+-----------------------+ | **004** | **\[H- Charging and | | | | the CPS\]** | | | | | | | | You discovered the | | | | roles and | | | | responsibilities of | | | | the CPS (Crown | | | | Prosecution Service) | | | | in the previous | | | | lesson. The police | | | | and CPS have a very | | | | close working | | | | relationship when it | | | | comes to charging and | | | | subsequent | | | | prosecution. Simply | | | | put the police are | | | | responsible for the | | | | investigation of | | | | offences, and the CPS | | | | are responsible for | | | | presenting the case | | | | to court. | | | | | | | | The Criminal Justice | | | | Act 2003 splits the | | | | responsibility of | | | | charging between the | | | | police and the CPS | | | | depending on the type | | | | and seriousness of | | | | the offence. Broadly | | | | speaking summary | | | | only, shoplifting | | | | offences and | | | | either-way offences | | | | where a guilty plea | | | | is anticipated are | | | | changed by the police | | | | (via the Custody | | | | Officer). For all | | | | other offences then | | | | there would have to | | | | be consultation with | | | | the CPS. | | | | | | | | (CPS 2018). | | | | | | | | In the Custody Module | | | | you learnt about PACE | | | | (Police and Criminal | | | | Evidence Act 1984) | | | | the amount of time a | | | | detained person can | | | | be held without | | | | charge, and the legal | | | | avenues available to | | | | extend this. After | | | | being arrested a | | | | decision needs to be | | | | made as to if there | | | | is enough evidence | | | | for the suspect to be | | | | charged with an | | | | offence, or if they | | | | are released. The | | | | following may apply | | | | when a suspect is | | | | released; | | | | | | | | 1. There is no | | | | further action to | | | | be taken (NFA) | | | | | | | | 2. The person is | | | | released however | | | | still considered | | | | a suspect, | | | | further | | | | investigation by | | | | the police is | | | | required in which | | | | case the suspect | | | | would be either; | | | | | | | | a. Released on | | | | pre-charge | | | | bail or PACE | | | | 34(5) or PACE | | | | 37(2) | | | | | | | | b. Released | | | | Under | | | | Investigation | | | | (RUI) The | | | | Police and | | | | Crime Act | | | | 2017 | | | | | | | | 3. Released on | | | | pre-charge bail | | | | pending CPS | | | | consideration of | | | | charging decision | | | | -- PACE 37(7)a | | | | | | | | (College of Policing, | | | | 2022a) | | +-----------------------+-----------------------+-----------------------+ | **004** | **\[H -- Introduction | | | | to Casefiles and the | | | | National File | | | | Standard\]** | | | | | | | | Image by | | | | [UllrichG](https://ww | | | | w.shutterstock.com/g/ | | | | ansebach) | | | | from | | | | [Shutterstock.com](ht | | | | tps://www.shutterstoc | | | | k.com/image-photo/sta | | | | ck-thick-file-folder- | | | | booklets-books-219621 | | | | 9185) | | | | | | | | When the OIC | | | | considers that they | | | | have enough evidence | | | | to pass the Full Test | | | | Code, they submit a | | | | casefile to either a | | | | Custody Officer or | | | | CPS for review, | | | | depending on the | | | | nature of the | | | | offence. All reports | | | | and files submitted | | | | to the CPS must be | | | | completed through a | | | | digital interface as | | | | per the CPS's | | | | Guidance on Charging | | | | 6^th^ edition (2020). | | | | | | | | The casefile must | | | | comply with the | | | | National File | | | | Standard (NFS). The | | | | NFS focuses on | | | | ensuring the right | | | | material and | | | | information is | | | | present for the CPS, | | | | defence, and court at | | | | the right time and | | | | that it is | | | | proportionate to | | | | ensure smooth running | | | | of the criminal | | | | justice system (CJS). | | | | It outlines the | | | | material needed at | | | | each stage of the | | | | case, thus building | | | | it up. It is designed | | | | to assist the police | | | | with understanding | | | | the requirements of | | | | the other parts of | | | | the CJS and aims to | | | | reduce bureaucracy of | | | | continual back and | | | | forth requests for | | | | further information. | | | | | | | | (CPS 2020, HMIC and | | | | HMCPSI 2013) | | | | | | | | The CPS's decision | | | | can take anywhere | | | | from a few hours to | | | | months, depending on | | | | the amount they need | | | | to review. They can | | | | reach the following | | | | outcomes; | | | | | | | | 1. To charge the | | | | suspect | | | | | | | | 2. Further evidence | | | | is required -- | | | | i.e. the case | | | | does not yet meet | | | | the Full Code | | | | Test and they | | | | will outline | | | | further avenues | | | | of enquiry for | | | | the Police to | | | | complete | | | | | | | | 3. No Further Action | | | | (NFA) to be | | | | taken, i.e. there | | | | are no further | | | | avenues for the | | | | Police to | | | | investigate and | | | | the case does not | | | | meet either the | | | | Full Test Code or | | | | Threshold Test, | | | | as such the case | | | | will not progress | | | | to court. | | | | | | | | (CPS 2022) | | | | | | | | The Police can NFA | | | | cases where the | | | | evidential stage is | | | | not met. In cases | | | | which the police | | | | would not need to | | | | refer to the CPS for | | | | charging they can | | | | also NFA the case on | | | | public interest | | | | grounds. The CPS | | | | review any case files | | | | where the Police have | | | | charged the defendant | | | | before the first | | | | hearing. If it is | | | | found that the case | | | | doesn't meet the Full | | | | Code or Threshold | | | | tests, then the | | | | prosecution will be | | | | postponed (pending | | | | further enquiry) or | | | | terminated. The | | | | Victims Right to | | | | Review Scheme (VRR) | | | | was introduced in | | | | 2013 and enables | | | | victims to request | | | | the CPS review of | | | | their decision to not | | | | charge or discontinue | | | | prosecutions. | | | | | | | | (CPS 2018) | | +-----------------------+-----------------------+-----------------------+ | **004** | This is a short | **Watch this** | | | video, which provides | | | | an overview to how | | | | the CPS review the | | | | cases and how they | | | | come to one of the | | | | three listed | | | | conclusions. | | | | | | | | You can watch it | | | | here: [How we review | | | | each case by the | | | | Crown Prosecution | | | | Service](https://www. | | | | youtube.com/watch?v=d | | | | KZDLgOF8Eo) | | +-----------------------+-----------------------+-----------------------+ | **005** | **\[H- Building a | | | | casefile\]** | | | | | | | | From the start of an | | | | investigation, | | | | information and | | | | associated documents | | | | are collected. These | | | | are generally stored | | | | electronically on an | | | | IT platform for | | | | example, Niche RMS, | | | | which serves 28 | | | | police forces in | | | | England and Wales. | | | | The case file is | | | | built from these | | | | documents, wherein | | | | the "file building" | | | | refers to the process | | | | of preparing the | | | | casefile for the | | | | different stages of | | | | the prosecution and | | | | to determine what | | | | additional | | | | information is | | | | required as the case | | | | progresses. You may | | | | remember MG (Manual | | | | Guidance) forms from | | | | MG21s in the | | | | Introduction to | | | | Forensics module. | | | | There are different | | | | MG forms that you'll | | | | be introduced to, | | | | which are used when | | | | compiling the | | | | casefile. | | | | | | | | The first stage is | | | | the Pre-Charge Report | | | | or Charging Referral, | | | | which is submitted to | | | | the CPS for a | | | | charging decision. | | | | Below is a brief | | | | overview of the | | | | information/material | | | | included in this; | | | | | | | | - Rationale | | | | detailing how the | | | | Full Code Test or | | | | Threshold Test is | | | | met | | | | | | | | - The reasonable | | | | lines of inquiry, | | | | which have been | | | | investigated and | | | | their results. | | | | Any which remain | | | | outstanding | | | | including their | | | | potential impact | | | | on the case and | | | | timescales in | | | | which they'll be | | | | completed. Any | | | | further inquiries | | | | which will not be | | | | investigated, | | | | including the | | | | reasoning why. | | | | | | | | - Key evidential | | | | material. This | | | | will include | | | | things such as; | | | | witness | | | | statements, | | | | scientific | | | | reports, CCTV. | | | | The evidence | | | | submitted must | | | | either alone, or | | | | in conjunction | | | | with other | | | | evidence, | | | | demonstrate that | | | | the offence | | | | occurred, the | | | | identity of the | | | | suspect and the | | | | criminal intent. | | | | | | | | - Suspect(s) | | | | details | | | | | | | | - Offence details | | | | | | | | - Previous | | | | convictions of | | | | suspects and key | | | | witnesses | | | | | | | | - If there are | | | | significant | | | | differences | | | | between witness | | | | statements, these | | | | must be | | | | submitted. | | | | Confirmatory | | | | statements are | | | | not required. | | | | | | | | - Relevant | | | | background | | | | information, such | | | | as domestic | | | | violence | | | | | | | | (CPS, 2022a) | | | | | | | | The MG forms commonly | | | | used at this stage | | | | are listed below. | | | | Using the following | | | | link, locate and look | | | | at the following MG | | | | form documents, so | | | | that you can see how | | | | they cover the above | | | | listed information.: | | | | | | | | [MG Forms by the | | | | Criminal Justice | | | | Hub](https://www.crim | | | | inaljusticehub.org.uk | | | | /task/mg-forms/) | | | | | | | | - **MG03** -- | | | | **Report to the | | | | Crown | | | | Prosecutor** -- | | | | this covers key | | | | aspects of the | | | | investigation. | | | | This is then | | | | returned with the | | | | CPS decision. | | | | They may request | | | | further | | | | information or | | | | investigation | | | | prior to | | | | charging. | | | | **MG03A** -- this | | | | is a further | | | | report, which | | | | records any | | | | additional work | | | | which has been | | | | conducted since | | | | the initial | | | | submission of the | | | | MG03. As per the | | | | MG3 this is then | | | | returned from the | | | | CPS documenting | | | | their decision. | | | | The MG03 and 03A | | | | (if applicable), | | | | must always be | | | | included at this | | | | stage. | | | | | | | | - **MG11** -- | | | | **Witness | | | | Statement(s)** -- | | | | Key witness | | | | statements and | | | | any | | | | personal/communit | | | | y/business | | | | impact statements | | | | which are | | | | relevant to the | | | | case | | | | | | | | - **MG07** -- | | | | **Remand in | | | | Custody | | | | Application** -- | | | | Police request to | | | | either remand the | | | | suspect in | | | | custody or | | | | release them on | | | | conditional bail. | | | | | | | | - **MG06** -- | | | | **Casefile | | | | Evidence and | | | | Information** - | | | | this records | | | | background | | | | information | | | | relevant to the | | | | case for CPS | | | | review. This form | | | | is not | | | | disclosable. | | | | | | | | - **MG15** -- | | | | **Record of | | | | Interview** - | | | | this is a written | | | | record of a | | | | suspect interview | | | | or where a | | | | witness account | | | | has been taken as | | | | in an audio or | | | | video format**.** | | | | | | | | Following charging of | | | | the suspect, they are | | | | then referred to as a | | | | defendant. At this | | | | point, they may be | | | | held in custody or | | | | released on bail | | | | (with or without | | | | conditions). Should | | | | remand or conditional | | | | bail conditions be | | | | required, then this | | | | would be submitted on | | | | the MG07 as part of | | | | the Pre-Charge | | | | Report. When charged, | | | | a MG04 is completed | | | | which records the | | | | offence the defendant | | | | has been charged with | | | | and their response. | | | | If the bail is | | | | conditional, a | | | | further MG04A is also | | | | completed. | | +-----------------------+-----------------------+-----------------------+ | **005** | The next stage is the | | | | Initial Hearing where | | | | the suspect will | | | | enter a guilty or | | | | not-guilty plea. In | | | | terms of the case | | | | file build, this now | | | | depends on whether or | | | | not a guilty plea is | | | | anticipated. If a | | | | guilty plea is | | | | anticipated (GAP), | | | | then there are a few | | | | other considerations | | | | that will be added to | | | | the casefile. | | | | | | | | - **MG05 -- Police | | | | Report** -- this | | | | provides an | | | | overall summary | | | | of the case and | | | | the basis of the | | | | prosecution. | | | | | | | | - Copies of | | | | **existing court | | | | orders** (such as | | | | a non-molestation | | | | order). | | | | | | | | - **MG16 -- | | | | Evidence of Bad | | | | Character** -- | | | | although similar | | | | to court orders | | | | however it is | | | | more extensive | | | | and will cover | | | | things like | | | | previous | | | | allegations, | | | | cautions, | | | | outstanding | | | | investigations | | | | etc. this could | | | | well influence | | | | sentencing. | | | | | | | | - **MG19 -- | | | | Application for | | | | Compensation** -- | | | | this includes | | | | details of | | | | loss/injury/damag | | | | e | | | | that the victim | | | | has sustained to | | | | allow the court | | | | to consider | | | | compensation to | | | | the victim. | | | | | | | | Where a non-guilty | | | | plea is anticipated | | | | (NGAP), then as you | | | | can imagine there is | | | | more material which | | | | is required for the | | | | casefile. In addition | | | | to consideration of | | | | those listed above, | | | | all MG11s (witness | | | | statements) will be | | | | included the | | | | following, which | | | | relate to witnesses | | | | who may be required | | | | to give | | | | | | | | evidence must be | | | | included; | | | | | | | | - **MG02 -- Special | | | | Measures | | | | Assessment** -- | | | | this is to advise | | | | of any special | | | | measures (e.g. | | | | screens in court) | | | | witnesses may | | | | require if called | | | | to give evidence | | | | | | | | - **MG09 -- Witness | | | | List** | | | | | | | | - **MG10 -- Witness | | | | Non-Availability* | | | | * | | | | | | | | - **SFRs | | | | (Streamlined | | | | Forensic Reports) | | | | / Expert Witness | | | | Statements** -- | | | | contain details | | | | of any forensic | | | | results | | | | | | | | Should a not guilty | | | | plea be entered where | | | | a guilty plea was | | | | anticipated, then the | | | | file would need to be | | | | upgraded to the same | | | | standard as that of a | | | | GAP. After a plea is | | | | entered at court, | | | | then any outstanding | | | | information would be | | | | submitted to the CPS | | | | on the MG6. | | | | | | | | (CPS 2022a; The | | | | Prosecution Team | | | | 2011; The Criminal | | | | Justice Hub 2023) | | +-----------------------+-----------------------+-----------------------+ | **005** | As you can see, there | | | | is a lot to consider | | | | and many forms to | | | | complete. The key | | | | forms, which bear the | | | | majority of | | | | information around | | | | the case, are the | | | | MG03, MG05 and MG06. | | | | So, take your time to | | | | go back over these | | | | and take some notes. | | | | For more information |