Standard Prosecution Report (SPR) PDF

OFFICIAL Unit 3 Lesson 10.1...

OFFICIAL Unit 3 Lesson 10.1 Standard Prosecution Report (SPR) Learning Aim: The learner will be able to complete reports to the Crown Office and Procurator Fiscal Service (COPFS) and identify and utilise appropriate non-reportable methods Learning Outcomes: Introduction On successful completion of the lesson, As part of your role and responsibilities as a students will be able to:- Constable, you are required to submit reports known as Standard Prosecution Reports, often referred to as an SPR. 1. Explain the purpose of a Standard The most common authorities that you will Prosecution Report (SPR) report to are the Crown Office and Procurator Fiscal Service (COPFS) and the Scottish Children’s Reporter Administration (SCRA). 2. Outline the substantive contents of an SPR Once operational you will find that you are submitting reports on a regular basis. During your Operational Phase you will receive training and further guidance from your Tutor Constable, your local Case Management Unit and Colleagues to allow you to complete more complex reports. 1 th Amended 24 April 2024 v.6 OFFICIAL  OFFICIAL Unit 3 Lesson 10.1 Standard Prosecution Report (SPR) What are Standard Prosecution Reports (SPRs)? The SPR2 is a nationally agreed template between Police Scotland and COPFS, which allows for accused persons to be reported to the Procurator Fiscal (PF). This ensures a standardised approach of report writing throughout Scotland, regardless of the crime or offence. SPR 2 is the template used but the report itself is referred to as an SPR. The report will be submitted in the template form through the Integrated Scottish Criminal Justice Information System (ISCJIS). The aim of the SPR is to present pertinent information in a logical and accurate manner for consideration by the appropriate PF to allow them to establish if a crime or offence has been committed. This will allow the Procurator Fiscal to decide which court to progress the case through, if any measures are required to protect the victims or witnesses and if the case requires any further enquiry. Key Information KI The Procurator Fiscal cannot make assumptions about the evidence in any case. All evidence, including exculpatory evidence, must therefore be included within the SPR. As with other disposal options available to officers, an SPR should only be submitted when there is sufficient evidence against the reported person. Once the SPR is submitted, the PF will decide whether it is in the public interest to proceed to a trial, or consider other disposal options, for example, Fixed Penalty Notices. It is the responsibility of the Reporting Officer to produce a full and accurate SPR. Police Scotland and the PF have a legal obligation to fully disclose the case and evidence at the earliest possibility to the reported person. Your SPR should be written in the third person in a chronological order to give all the witness accounts and evidence and present them in a time line as they happened. Note:- Third person is writing from another persons’ point of view, or as an outsider looking in. Third person uses the persons’ name or using pronouns such as ‘he’, ‘she’, ‘it’ or ‘they’. 2 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 10.1 Standard Prosecution Report (SPR) Although all case information is to be disclosed to the COPFS they may redact (conceal) certain data related information to protect victims/witnesses of crime. Categories of SPR Officers must select the relevant case type from the following categories:- 1. Common Law - where all the charges are Common Law charges. 2. Statutory - where all the charges are for statutory offences or there is a mixture of both statutory and Common Law offences. 3. Road Traffic - where any Road Traffic charges are reported within the SPR regardless of whether the Common Law and/or statutory offences are also included. i.e. combinations of Road Traffic and Common Law; Road Traffic and Statutory; or Road Traffic, Common Law and Statutory would result in a Road Traffic report being submitted. SPR Priority Type There are three types of case priorities. These allow the case to be marked correctly within the allocated timescales. 1. Custody Report Highlight that the person will be appearing from custody. 2. Summons/Warrant Report For any Summons report or Report for Warrant. 3. Undertaking Report For any accused who has been released on Police Undertaking. If the accused has been released on undertaking additional undertaking information is required within the report. 3 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 10.1 Standard Prosecution Report (SPR) Substantive Contents of an SPR The SPR is broken into sections to be completed by the Reporting Officer. There are many parts that are mandatory when completing a SPR. These vary upon the type of report that is being submitted. These will hold both disclosable and non-disclosable information relating to the case. This lesson has been created as a guide to completing SPRs and covers the following main areas:- Case and Reporting Officers Details Accused Details Witness Details Charge Details Summary of Evidence Antecedents Description of Locus Description of Events Medical Evidence Details of Police Interview/Text of Admission Caution and Charge Analysis of Evidence Further Enquiry Remarks Productions Key Information KI The SPR clearly defines where information is “disclosable” or “non-disclosable”. Officers must be aware that where it states information is “disclosable” then any text or information is likely to be shared with the defence. 4 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 10.1 Standard Prosecution Report (SPR) Scenario S On Wednesday afternoon 18 November 2020, around 20 past 3 David Anderson was cycling through Brookbank town centre on his way home, when he stopped and went into Jacks Café to get a coffee. At this time he leaned his blue mountain bike against the café window before going in. He did not lock the bike as it was in clear view at all times. A male then approached the bike looked at it briefly and removed it from the window and cycled away. David then ran out to try and stop the male shouting as he did so. David then noticed two police approaching in his direction. Police observed a commotion in the area of Jacks Café this being a male on a mountain bike being chased by a second male who was shouting. The male was cycling in the direction of the police he was unsteady on the bike struggling to find the pedals and was looking back over his shoulder while cycling away from the male who was shouting. Police stopped the males and then spoke with all parties involved to establish the circumstances of what had happened. Activity 1 A1 Your Instructor will now take you through a working example of the information required for an SPR. Please refer to the sections below to assist you with covering each section in an SPR. 5 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 10.1 Standard Prosecution Report (SPR) Feedback 1 F1 From the scenario we should be able to say we have:- A crime - Theft of a bike has taken place We have a time/date – 1520 hours 18th November 2020 A location of the incident (Locus) – Jack’s Café Brookbank Witness David Anderson and two Police witnesses have been involved in the incident. Each will be able to give an account of different aspects of the incident. We have a suspect - But who is he, what do we know about him? After using police systems the suspect’s details would be established We can then look at the most appropriate action to take in disposing of the incident. Sections within an SPR The following is a breakdown of each section covered in the SPR. Your Instructor will work through this with you in the classroom and a copy is contained in Appendix A. Please use the notes below for reference. Prejudice Incident Has the offence been committed against the victim due to the victim’s protected or perceived protected characteristics? Send to In most cases this would be the Procurator Fiscal. However this may be the Children’s Reporter or both the Children’s Reporter and the Procurator Fiscal. This also includes the court area it will be heard in. 6 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 10.1 Standard Prosecution Report (SPR) Reporting Officer The Reporting Officer is the officer that is completing the report. During a busy shift, this may be different from the main Enquiry Officer who has conducted the enquiries into the crime or the offence. Often investigations and the reporting of offences can be passed to officers on other shifts to help the progression of cases in circumstances such as high risk crimes or when high risk offenders are not traced etc. You must ensure that if you are the one completing the SPR2, that it is your name upon the report. As the Reporting Officer you are normally called as the first Police Witness to answer important questions about the case. The Reporting Officer is also the point of contact for any subsequent enquiries from the Procurator Fiscal. Supervisor Every report must be checked by a Reporting Officer’s Line Manager. This is normally a Sergeant. The details of the Line Manager checking the report must be included within the report. Particulars of Accused This section is mandatory and must include full details of the accused person(s). If there is more than one accused, then the accused should be listed as per the involvement in the crime. Name The full and verified name of the accused must be recorded. Married names and other names should be recorded in the normal manner, as detailed within the Obtaining Person’s Particulars Lesson, if the accused has had previous surnames this would be recorded as:- Mary Brown or Smith or Jones Note:- If the offence is a driving offence, the accused’s driving licence number should be included within the report. 7 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 10.1 Standard Prosecution Report (SPR) Alias If the accused is known by an alias, this must be included. This includes false details which will remain on CHS as an alias also. Occupation The occupation of the accused should be included within the SPR. This should be listed both within the accused section and the Antecedents section of the SPR. The occupation is required as the crime/offence may affect their employment if it is a notifiable occupation i.e. a Taxi Driver, Teacher, Doctor or Police Officer etc. This also allows the Procurator Fiscal to decide if the accused could pay a fine. Contact details All contact details for the accused must be provided, this includes home address, telephone numbers and email addresses. This allows the courts to make contact with the accused when required. Accused Undertaking This will only be completed if the accused has been released on Police Undertaking and will contain the relevant undertaking details. Bail Information This must be completed for custodies, undertakings and reports for warrant. The Reporting Officer must answer the 7 questions on Bail. It is imperative that the Reporting Officer answers these questions truthfully and highlights any safety concerns to witnesses during this section and if they believe that the accused may be granted bail, bail with conditions or placed on remand. The information contained within the questions will be used by the Sherriff while assessing an accused’s suitability for bail prior to making any judgements. Any judgement will be recorded and will make reference to the officer’s comments within the SPR. 8 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 10.1 Standard Prosecution Report (SPR) The 7 bail questions are as follows:- 1. Is there any reason to believe that the accused would fail to attend for court appearances? 2. Is there any reason to believe the accused would take action to interfere with the administration of justice? 3. Is there any reason to believe the accused is likely to re- offend? 4. Is there any reason to believe the accused is likely to cause public disorder? 5. Is there any information to suggest at the time of the offence that the accused was subject to a bail order or any other court order? 6. Is there any information to suggest that the accused should be remanded in custody? 7. Is there any information to suggest that special conditions would be appropriate should the accused be released on bail? Witness Details Witnesses are split into two categories, Civilian Witness and Police Witness. Civilian witnesses are always listed first and both witness categories are listed in chronological order as they appear within the SPR. Key Information KI All witnesses must be listed within the report including witnesses who have provided statements containing exculpatory evidence. Civilian Witness Care must be taken with the witness information to ensure that non- disclosable information is not accidently sent to the defence. As with the accused, all relevant witness details must be recorded within the SPR. It is important to provide witness contact details. It should be noted that any non-availability due to holidays, and Vulnerabilities should be recorded within this section. 9 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 10.1 Standard Prosecution Report (SPR) Witness Address (Disclosable) Care should be taken when completing the address of the witness as this could result in personal information surrounding the witness being sent to the accused. The disclosable addresses should be recorded as ‘care of Police Service of Scotland’, do not shortcut this to Police Scotland or anything else. Alternatively, a business address may be used if appropriate, for example if the crime occurred there and is already known to the accused. Witness Address (Non-Disclosable) The home address of the witness and any contact information should be recorded within the non-disclosable part of their information. Note:- Always record all available telephone numbers and email addresses for all witnesses as these will prove invaluable to you and COPFS for progressing follow up enquiries. Witness Antecedents This should include any information of any additional support or requirements i.e. Appropriate Adult/ Interpreter. This will also include if the witness is responsible for another witness, for example a parent or guardian. Note:- A Doctor’s General Medical Council (GMC) registration number should also be recorded within the relevant witness section. This can be used to trace a Doctor who has moved place of practice. Police Witnesses As with civilian witnesses any non-availability should be accurately recorded. All witnesses including Police witnesses should be referenced for disclosure but highlighted that they are not witnesses to the incident, DO NOT leave them out. Describe what their involvement in the Analysis of Evidence section. 10 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 10.1 Standard Prosecution Report (SPR) Charge The charge is outlined within the report and must contain all relevant information as outlined within the Charge Lesson. Officers must highlight any aggravations in every charge. Charges will be covered throughout the course. Multiple charges can be listed within the report, these must be listed chronologically. Within the charge section there is an opportunity to outline any compensation that may be relevant to the case, for example the cost of replacing a broken window. Key Information KI Your notebook or mobile device may be seized as a production and be subject to scrutiny within court. You must ensure that all information, including charge wordings, are correctly recorded within the SPR. Any errors should be highlighted to the PF at the earliest opportunity. Summary of Events The Summary of Events contains all relevant evidential information in regards to the case and contains the following sections:- Antecedents (Non-Disclosable) The ‘Antecedent’ is a history or background surrounding the accused. The antecedents should include both accused specific information and any additional antecedent information surrounding the case. Accused Antecedents This information is used by the PF to help determine their course of action and if an alternative to prosecution i.e. a form direct measures could be used instead of court proceedings. 11 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 10.1 Standard Prosecution Report (SPR) Provide as much detail as possible, such as:- Accused’s age Accused’s occupation and income Accused home address Dependents or children Drink/ Drug problems Mental/physical health problems Family/relationship problems Interpreter Required Appropriate Adult Required Pending cases Previous conviction and crime types Any other relevant information Relationship (if any) to witnesses. Accused Antecedents (child accused) Reporting officer must record any vulnerabilities or individual and/or family circumstances relating to the child accused where it is known, Where this information is not available, this should also be recorded. General Antecedents This section allows any personal information to be detailed which the Reporting Officer considers relevant to the report. This can include relationships between accused and witnesses. If it is a case which has a child victim or witness there should be a separate heading ‘Views of the Child’ and include any relevant views expressed by the child and any comments they have made or any safety concerns they have. If no views have been provided this should also be expressed and why no views have been recorded. Similarly there should be a separate paragraph headed ‘ Views of the non-offending parent/guardian’ providing their views or if none have been expressed the reason why. Description of Locus (Disclosable) In addition to the details contained within the charge, a description of the locus should be included at this point. The description should be relevant to the charge and contain additional information to 12 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 10.1 Standard Prosecution Report (SPR) assist the Procurator Fiscal in building a case, as they may have never visited the locus. Information to be included (if relevant):- How busy the locus was, including both vehicular and pedestrian traffic Presence and operation of street lighting, visibility and distance the witnesses were positioned from the locus; Proximity to licensed premises, or was the locus a licensed premises Previously reported or known incidents at locus. CCTV coverage and, where relevant, what type of system is in place Nearby premises, upon which the incident may impact, e.g. School/Hospital/Church, etc. Presence and condition of road markings and road surface, traffic conditions, prevailing weather conditions, obstructions in the carriageway, speed limit, direction of travel, etc. Note:- If you reference CCTV being present at the locus, ensure that full details are provided within the report. Description of Events (Disclosable) This is the main body of the report and should state clearly and concisely the events and enquires that have taken place. This section of the report will form the main part of the prosecution case, it is therefore important that the report should be written in clear English, in third person and in chronological order. Consideration should be taken to using subheadings to help separate information, crimes or to provide a background between parties. When referring to timings, the time, day, date format should be used. Once the day and date has been introduced, the phrase “same date” can be introduced to prevent repetition. Where possible, timings should be referred to, this will help outline important events. If the exact timing of the event is noted, this should be recorded within the report using the term “at”. If the timings are an approximate the term “about” should be used. The report should also outline the evidence that witnesses have provided to police. It is not a full account of the involvement of each witness but a summary of all evidence. Any police action, including reasons for exercising police powers, should be detailed along with appropriate timings. Any statutory power exercised must be detailed in full. 13 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 10.1 Standard Prosecution Report (SPR) Where a witness or accused makes a comment or statement of evidential value, that statement should be highlighted as follows: “I’M GOING TO KILL YOU” All productions recorded within the Production Section of the report must be referred to in the description of events. This must include any items that have been sent for forensic analysis and any results. These should be clearly marked within the reports e.g.: PROD. NO. BICYCLE In regards to drugs, any presumptive test, weight and physical makeup should be recorded here, not in the charge. Key Information KI The Description of Events will form a large part of the defence case, it is important that evidence and exculpatory evidence is contained within this section. The Procurator Fiscal will not have sight of the witness statements at the initial marking stage, therefore the Police have a duty to disclose all evidence and exculpatory evidence within the SPR. As all information within this section is disclosable to the defence, it is important that any information of a confidential nature such as the home address of witnesses or security information etc., are not included in this section of the report. Such information should be included in the relevant witness section or the remarks as it is non- disclosable. If there are a number of accused and charges, it should be highlighted at the start of the Description of Events which accused is responsible for which charge. Medical Evidence (Disclosable) This section must be completed in all instances where any medical information relevant to offence/crime is available. If assault charges 14 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 10.1 Standard Prosecution Report (SPR) are libelled you MUST complete this section even if no injury has occurred. An entry stating that the witness was uninjured should be recorded. Where a person has been injured, this section must include the injuries sustained. It should also include medical opinion from a medical practitioner regarding the injury, including prognosis and treatment. Police Interview/Text of Admission (Disclosable) This section contains relevant information of any police interviews which have been conducted. This section will also be used to record the details around the rights of the accused linked to Solicitor access. This is covered within the Prisoner Rights, Care and Welfare lesson. Caution and Charge/Reply (Disclosable) Evidence of any caution given and the charge of an accused must be included within this section. This must include any witnesses that were present and any reply made. It must be stated whether or not the accused understood the charge. Analysis of Evidence/Identification of the Accused This section provides a synopsis of each witness’s evidence and what they are speaking to. This should include a specific reference to how the witness can identify each accused, whether this is by particular clothing, marks, scars or voice. If the witness knows the accused then this should be explained. Generally, these would be in chronological order or involvement with civilian witnesses first, followed by police witnesses. Details of any Known Defence If there is a known defence or any other exculpatory information which has been obtained or generated during the investigation which would tend to exculpate the accused, this must be included within the report. Furthermore any information that may be held by another agency must be included, for example another Police Force. This will serve as a warning to the Procurator Fiscal of a likelihood of a special defence. 15 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 10.1 Standard Prosecution Report (SPR) Further Enquiry (Non-Disclosable) This section should include any further enquires that have been identified. This will allow the PF’s office to see what lines of enquiry that you have identified in your attempts to obtain further evidence. This will also allow the PF to advise of other potentially available evidence not yet obtained and set trial dates appropriately. Remarks/Key Information (Non-Disclosable) This is the opportunity for the Reporting Officer to highlight any relevant information regarding the report to the Procurator Fiscal. This should be short and concise and is a way of highlighting additional points that may be relevant for the case, for example information regarding the suspected credibility of a witness. If it is a child accused known to police any information relating to any Early Effective Intervention which has been undertaken by the police should also be included. Where a charge under Section 90 of the Police and Fire Reform (Scotland) Act 2012 - of “police assault" and “resist/obstruct police". It has been agreed with COPFS that the following 'sub sections' be included in the remarks section. Impact on Officer/Member of Police Staff: Any injuries / time off / treatment required? Any mental / physical concerns? Impact on Service: Was there any impact on service delivery as a result of the assault and briefly what was it? Impact on Community: List any detriment that the community may have suffered due to loss of service (e.g. unable to attend community partnership/liaison meetings etc) or community shock at witnessing violent attack on officers Productions All productions and case related documents listed in the summary must be listed in the appropriate Production Section. Productions will be covered in further detail during the Productions Lesson. 16 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 10.1 Standard Prosecution Report (SPR) Appendix A Completed SPR Section 1 - Case, Reporting Officer and Accused Details Dictation Date 20 Nov 2020 Category: Common Law Date of First Offence: 18 Nov 2020 Case Priority: Summons/Warrant Report Prejudice Incident: No Sent To: Procurator Fiscal Reporting Officer Forename(s): Michael Surname: Stevenson Registered No 1358659 Shoulder No B1254 Rank Police Constable Police Station Brookbank Supervisor Forename(s): Ian Surname: Ramsay Registered No 1125869 Shoulder No B9925 Rank Police Sergeant Police Station Brookbank 17 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 10.1 Standard Prosecution Report (SPR) Accused List Accused person S No.: S12345/18Z Driver Number: N/A Accused Status: Report Forename(s): Ross Surname: Smith Alias Forename(s): N/A Alias Surname: N/A Date of Birth: 27 Jan 1990 Age: 30 Place of Birth: Stirling Gender: Male Ethnicity: White Scottish Language: English Occupation: Unemployed Income: State benefits per month Additional Needs: None Registered Sex Offender: No Suitable for order Lifetime Restriction No Prejudice Flag: No Interpreter Required: No Accused Address Acc Address Address type: Disclosable Address Postcode: BB7 4DS Premises number: 86 18 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 10.1 Standard Prosecution Report (SPR) Street: Brookbank Avenue Town: Brookbank County: Fife Division P Telephone: N/A Mobile Number: 07965896456 Email: [email protected] Accused Summons Accused Bail N/A Section 2 Witness Witnesses Civilian Witness Witness Type: Civilian Forename(s): David Surname: Anderson Alias Forename(s): N/A Alias Surname: N/A Date of Birth: 11 May 2001 (this will not be disclosed) Age: 19 Gender: Male Ethnicity: White Scottish Language: English Date of Involvement: 18 Nov 2020 Hostile Witness: No Prejudice Incident: No Interpreter Required: No 19 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 10.1 Standard Prosecution Report (SPR) Civilian Address CW Add Address type: Disclosable Address Postcode: BB1 2AB Premises number: Care of Police Service of Scotland Street: Brookbank Police Station Town: Brookbank County: Fife Division P Telephone: N/A Mobile Number: N/A Email: N/A CW Add Address type: Non-disclosable Address Postcode: BB12 3ST Premises number: 18/2 Street: Brookbank Crescent Town: Brookbank County: Fife Division P Telephone: N/A Mobile Number: 07967363347 Email: [email protected] CW Antecedents Occupation: Plumber Vulnerability Category: None Vulnerability Specifics: N/A Responsibility Type: N/A Responsible Person 20 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 10.1 Standard Prosecution Report (SPR) Witness Number: N/A Additional Needs: None CW Non- Availability None Police Witness Forename(s): Michael Surname: Stevenson Registered No 1358659 Shoulder No B1254 Rank Police Constable Police Station Brookbank Date of Involvement: 18th November 2020 Ethnicity: White British Family Liaison Officer: No Additional Needs: N/A PW Non- Availability 18/01/2021 - 06/02/2021 Police Witness Forename(s): Kate Surname: McDonald Registered No 1013002 Shoulder No B4985 Rank Police Constable Police Station Brookbank Date of Involvement: 18th November 2020 Ethnicity: White British Family Liaison Officer: No Additional Needs: N/A PW Non- Availability N/A 21 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 10.1 Standard Prosecution Report (SPR) Section 3 - Charge On 18 November 2020, at Brookbank High Street, Brookbank, you ROSS SMITH did steal a bicycle belonging to David Anderson, care of Police Service of Scotland Value items stolen:- £450 Value Items recovered:- £450 Section 4 - Summary Antecedents: (Non-Disclosable) The accused Ross Smith is a 30 year old male who resides alone at the address provided. The accused is currently unemployed The accused states that he is drinking every day and considers himself an alcoholic. The accused has no children or dependents The accused has no pending cases The accused has one previous conviction for theft in 2018. Description of Locus (Disclosable) The locus of the theft is outside Jack’s Cafe, 26 Brookbank High Street, Brookbank. This is a busy thoroughfare and mainly consists of shops, bars and restaurants. At the time of the offence there were a high number of members of public and children within the area. The high street area is covered by CCTV. 22 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 10.1 Standard Prosecution Report (SPR) Description of Events (Disclosable) About 1520hrs, Wednesday 18 November 2020 Witness Anderson was cycling through Brookbank town centre on his way home, when he stopped and went into Jack’s Café, 26 Brookbank High Street, Brookbank to get a coffee. At this time he leaned his Blue Specialized Rockhopper mountain bike against the café window before going in. The bike was in clear view of witness Anderson at all times while he was within locus. He had bought the bike around two weeks prior to this incident and it had cost him £450. Witness Anderson was in Jacks Café for around 5 minutes About 1525hrs, same date, witness Anderson turned around to walk out of Jacks Café when he noticed a male (now accused) standing by his bike. Witness Anderson watched the accused for a couple of seconds, as he was looking and touching the handlebars of his bike. Witness Anderson was standing about 5 meters away from the glass door and front window so had a clear view of him. Witness Anderson had never seen the accused before so was wondering what he was doing. Suddenly the accused jumped onto the bike and started to cycle away. Witness Anderson then ran out of the café, shouting at the accused. About 1525hrs, same date, Police Witnesses Stevenson and McDonald were within the area on routine high visibility foot patrol walking south along Brookbank High Street, a short distance from Jacks Café. Police Witnesses McDonald and Stevenson observed the accused on a blue mountain bike attempting to cycle in their direction while looking away from them over his shoulder. At this time Police Witnesses McDonald and Stevenson observed a second male (witness Anderson) emerge from the café and shout. “HEY, THAT’S MY BIKE. GIVE ME MY BIKE BACK.” The accused continued towards Police Witnesses McDonald and Stevenson. As the accused came within range, Police Witness Stevenson took hold of the accused and the bike while the accused was sitting on it. Witness Anderson then ran over to Police Witness McDonald and told her what had happened. He confirmed to the Police Witnesses that the bicycle belonged to him. At this time, the accused stated “I DON’T WANT YOUR BIKE ANYWAY, IT'S TOO SMALL.” 23 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 10.1 Standard Prosecution Report (SPR) Police Witness Stevenson Cautioned the accused at common law in the presence of Police Witness McDonald. About 1527hrs, same date, Police Witness Stevenson arrested the accused for theft in terms of section 1 Criminal justice (Scotland) Act 2016 in the presence of Police Witness McDonald. At that time, the accused was given his rights as an arrested person. He was reminded he was under caution, he intimated he understood the caution, but made no reply. About 1529hrs, same date, Police Witness Stevenson placed the accused in handcuffs in the presence of Police Witness McDonald and requested transport to remove the accused to custody. About 1535hrs, same date, Police Witness Stevenson searched the accused, in the presence of Police Witness McDonald, prior to placing him within the rear of the Police vehicle. Nothing of evidential value was discovered. About 1545 hrs, same date, Police Constables Short and Black (non- witnesses) arrived and placed the accused within their police vehicle. About 1550 hrs, same date, Police Witness McDonald obtained a full statement from witness Anderson. A photograph of the witness Anderson’s bicycle was taken on Police Witness McDonalds mobile device and a PRODUCTION NO – LABEL IN LIEU was completed in respect of the bicycle. About 1610hrs, same date, the accused was cautioned and charged, per the relevant section. He was thereafter liberated following advice that he may be summoned to court at a later date. Medical Evidence (Disclosable) N/A. Police Interview/Text of Admission (Disclosable) The accused was not interviewed and did not make any comments whilst under caution. 24 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 10.1 Standard Prosecution Report (SPR) Caution and Charge/Reply (Disclosable) About 1610hrs, Wednesday 18th November 2020, the accused was cautioned and charged as libelled by Police Witness Stevenson, in the presence of Police Witness McDonald. The accused intimated that he understood the charge and made no reply. Analysis of Evidence/Identification of the Accused Witness Anderson speaks to being the owner of a blue specialized mountain bike. Purchasing it 2 weeks ago for £450. Leaving the bike outside locus, in sight while he was within. Being within locus, the accused standing outside looking at the bike, Observing accused take the bike and attempting to cycle away Police arriving and stopping accused while he was on the bike Speaking to police to provide a statement and proof of ownership of the bike He can identify the accused who is not otherwise known to him. Police Witness Stevenson speaks to observing accused on a blue mountain bike cycling towards him, hearing shouts of “That’s my bike, give me my bike back” Observing witness Anderson chasing accused Stopping accused and being informed by witness Anderson of the theft He also speaks to arresting, cautioning and charging the accused as libelled. Police Witness Stevenson can identify the accused. Police Witness McDonald speaks to observing accused on a Blue mountain bike cycling towards him, hearing shouts of “That’s my bike, give me my bike back” Observing witness Anderson chasing accused Being present during the stop of the accused and being informed by witness Anderson of the theft Police Witness McDonald speaks to being present when the accused was arrested, cautioned and charged as libelled. Police Witness McDonald speaks to noting a statement from Witness Anderson, taking a photograph of the bike and production label Police Witness McDonald can identify the accused. 25 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 10.1 Standard Prosecution Report (SPR) Further Enquiry (Non-Disclosable) CCTV does cover the town centre area. A CCTV request can has been submitted to check if the cameras covered the incident. Remarks/Key information No additional remarks or information No known details of defence Section 5 - Productions Production Type: Production 1 Description: Photograph of bike/label Location Stored: PRODUCTION STORE Production Number: Owner: Police Scotland Case Related Documents: Yes Production Photographed No Remarks Section 6 - Case Related Documents None Section 7 - Previous Convictions Yes - Attached 26 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 10.1 Standard Prosecution Report (SPR) For further information, use the resources shown below:- Intranet - Reports and statement writing guide 2021 Review: You can explain the purpose of a Standard Prosecution Report (SPR) You can outline the substantive contents of an SPR Learning Log: How will what you have learned in this module impact your day-to- day role? Are there any skills or knowledge you would like to develop further following this module? End of Module 27 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 10.1 Standard Prosecution Report (SPR) 28 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL