Prosecution
Stage 4: Prepare for court

Decide whether a solicitor agent should be engaged to take forward the prosecution

If appointed:

• record solicitor agent's details
• make early contact to agree working arrangements in relation to Stages 4 and 5 of this procedure

And in FOD:

• decide which actions will be undertaken by the inspector and which by the litigation officer

Before laying the information(s):

• inform the defendant of the decision to prosecute
• establish the magistrates court’s normal practice for processing informations & summonses and whether, if there is more than one defendant, the cases can be heard together, and comply with their requirements
• agree a date with the court for the first hearing which will allow a reasonable period between service of the summons and the hearing
• prepare the agreed number of summons(es) and signed information(s) for the court.

Then lay the information(s) together with the summons:

• normally at the magistrates court for the area where the offence was committed

Where it is not the courts practice to serve the summons:

• check receipt of the summons from the court within 7 days and contact the court if it is not received
• serve the original summons on the defendant within 5 working days of recieving it back from the court
• provide a covering letter with the summons which explains the mode of trial procedure, the plea procedure, the right to advance information and how to apply for it , and requests confirmation of their legal representation and intended plea
• the person who actually posts or personally serves the summons must complete the certificate of service (F145 or F144) and return it to the court with the summons copy

Following service of a summons:

• ensure a senior officer of the duty holder at board level (or equivalent) has been notified
• inform the injured person or nominated contact of the bereaved family if it relates to a fatality and the safety representative(s) if applicable
• consider alerting press office if the case is particularly sensitive
• where the defendant has confirmed they will be legally represented, contact their solicitor to confirm they are instructed
• where defendant requests an adjournment and a new date is agreed, ensure all affected parties are informed.

Consider whether any pre and/or post publicity of the prosecution should be arranged:

• taking into account whether the release of information would contravene any disclosure of information restrictions or harm the defendants right to a fair trial
• if in doubt consulting the appropriate legal liaison point

Following a request for advance information:

• advance information should be served within 10 working days of the request being received and in any case prior to first court date, unless the inspector has justifiable reason to exercise discretion to withhold material under Rule 5 of the MC(AI) Rules
• if a guilty plea in a Magistrates Court is likely, it is preferable to provide advance information by means of a summary of all the facts and matters to be adduced rather than to provide edited statements
• provide a Friskies Schedule containing the case summary and any aggravating features, including previous advice, to the defendant and send a copy to the court when the advance information is provided

If the defendant pleads not guilty in the Magistrates' Court or is committed for trial at the Crown Court, the prosecutor must disclose unused material to the defence. Work should start on this before the requirement arises, as follows:

• categorise all retained relevant material identified by the investigator as either sensitive or non-sensitive
• compile schedules of non-sensitive unused material (Form CPI 1) and sensitive unused material (Forms CPI 2) for the prosecutor where the accused is likely to be tried on indictment or to plead not guilty in a summary court
• complete the disclosure officer's report and certification on the relevant form CPI3 and reveal unused material to the prosecutor
• review material progressively throughout the investigation and prosecution
• contact the solicitor agent if employed, at an early stage, to discuss disclosure of unused material and to agree their role in the process but note that disclosure decisions remain with the inspector
• apply the law and guidelines to assess and decide, what unused material should be disclosed; in crown court cases the final decision on disclosure will generally be taken by prosecuting counsel

After a not guilty plea in the Magistrates' Court, or immediately after committal or transfer in cases in the Crown Court, for investigations which commenced before 4 April 2005:

• consider if there is any unused non-sensitive material that, in the opinion of the prosecutor, might undermine the case against the accused
• disclose such material as primary prosecution disclosure
• if sensitive material meets the test for disclosure seek the direction of the court 

Where no material exists for disclosure at the primary stage:

• provide written statement to that effect to the accused or their representative

Following any defence disclosure:

• consider if any other pieces of unused non-sensitive material exist that might reasonably be expected to assist the accused as described in their defence statement
• disclose such material as secondary prosecution disclosure

Where no material exists for disclosure at the secondary disclosure stage:

• provide a written statement to that effect to the accused or their representative

After a not guilty plea in the Magistrates' Court, or immediately after committal or transfer in cases in the Crown Court, for investigations that commenced on or after 4 April 2005:

• consider if there is any unused non-sensitive material which might reasonably be considered capable of undermining the case against the accused or of assisting the case for the accused
• disclose such material as prosecution disclosure
• if sensitive material meets the test for disclosure seek the direction of the court

Where no material exists for disclosure at this stage:

• provide a written statement to that effect to the accused or their representative

Following any defence disclosure:

• reconsider if any other unused material meets the test for prosecution disclosure
• disclose such material as prosecution disclosure

Where no material exists for disclosure at this stage:

• provide a written statement to that effect to the accused or their representative

If the defendant may plead guilty in the Magistrate’s Court:

• prepare notes for the conduct of the case which cover the circumstances and facts, a brief reference to the statutory requirements and an explanation of why proceedings are being taken against the defendant
• be prepared to satisfy the court of the right to conduct the case and that the summons and advance information have been served
• prepare bill of prosecution costs including for each stage of proceedings
• prepare a statement of the defendants record where applicable, to assist the court for the purpose of sentence
• assemble sufficient sets of all papers, exhibits etc relevant to the case