Case File Preparation & Prosecution Files

Description

This interactive one-day course is aimed at staff working in the enforcement area who have to prepare prosecution files for Solicitors and the DPP's Office (Office Director of Public Prosecutions).

Ensuring that officers appreciate exactly what is required of them and what is necessary to include in the file from start to finish is key. This allows their legal team, State Solicitor and/or DPP to fully appreciate the nature of the case and issue directions on it.

Poor file management is often the sole reason why officers have 'nothing to show' for an otherwise successful investigation.

In many cases the DPP rejects files due to problems such as:

• Difficulties with the Evidential Trail
• Insufficient information furnished
• Inclusion of unnecessary and irrelevant information and documentation
• An apparent lack of understanding as to what the case involves on the part of the Investigating Officer

What you will learn

This course is extremely practical in that it will be tailored to suit the individual needs of the officers attending. It will include and place emphasis on the particular area that they work in.

Key Learning Points

• What format should the file take?
• What should be included & excluded?
• Is a Report necessary?
• Is it necessary to refer to Legislation and to what extent should legislation be included?
• Who decides what charges should be taken and what legislation to prosecute under?
• How and what affects the D.P.P.’s decision to prosecute?
• How much information does the D.P.P. need/ Should you tell the D.P.P. everything?
• What level of communication is appropriate with the D.P.P.’s office in relation to the Investigation file?
• Is it appropriate to seek guidance from the D.P.P.’s office in relation to an investigation?
• How should difficulties/weaknesses in the investigation be dealt with?
• Who should be responsible for the preparation of the file for the D.P.P.?
• Are statements necessary and if so from whom should statements be taken?
• What technical information is required? Should this information be explained?
• Should original documents be sent to the D.P.P.?
• What is the procedure if a number of Agencies are involved in the Investigation?
• Is it correct to specify previous convictions or dealings with the suspect to the D.P.P.?
• Who is responsible for the file after directions are received from the D.P.P.’s office?