Key Task 3 - Report writing - retention of drafts
The following is an extract from Legalade, edition 5, June 2003:
Q How many drafts of reports and/or statements should specialist inspectors and other people instructed to act as experts in criminal prosecutions retain?
This is a recurring question so Legalade takes this opportunity to remind inspectors to look at paragraph 5.4 of the CPIA Code of Practice, which states that the duty to retain material includes in particular the following categories relevant to HSE:
- relevant parts of notebooks;
- records derived from tapes of telephone messages;
- final versions of witness statements (and draft versions where their content differs from the final version) including any exhibits mentioned;
- interview records (written records or audio tapes, of interviews with actual or potential witnesses or suspects);
- communications between the investigator and experts such as scientists, reports of work carried out by experts, and schedules of scientific material prepared by the expert for the investigator, for the purposes of criminal proceedings;
- any material casting doubt on the reliability of a confession;
- any material casting doubt on the reliability of a witness;
- any other material which may fall within the test for primary disclosure.
The above is not an exhaustive list.
If you have any related queries you should read the new Disclosure guidance issued by Legal Adviser’s Office and refer to your Legal Liaison point.
Legal Adviser’s Office
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