The Director's Guidance on the Streamlined Process

Introduction | The Police Report | The Principle of proportionate file preparation | The need for quality investigations | The Victims Code and the 'No Witness No Justice' Initiative | Application of the Streamlined Process in police charged cases | Youths | Streamlining the taking of witness statements | Taking statements by telephone | When witness statements are required with the Police Report | Completion of the offence summary section of Police Report | Format of the Police Report and other information to be provided for the prosecution case file | Advance information in anticipated guilty plea cases | Dealing with simple summary trials - police charged anticipated not guilty plea cases | Driving (or in charge) under the influence; above the prescribed limit; refusal to supply a specimen for analysis | Actions following a not guilty plea: case management | Role of police supervision & the evidence review officer | Arrangements relating to cases referred to the CPS for a charging decision under the Director's Guidance | File contents for statutory charged cases for initial court hearings | Advanced information in statutory charged cases | Proportionality for cases for sending or committal to the Crown Court | Limits and extent of this guidance | Annex A: Limits and extent of this guidance | Annex B: Blank MG5 | Annex C: Dealing with particular types of evidence |

1. Introduction

1. The Streamlined Process set out in this Guidance applies to cases chargeable by the police without reference to a Crown Prosecutor in accordance with the Director's Guidance on Charging, 3rd Edition: February 2007 ('The Director's Guidance') including police charged casework where a not guilty plea may be anticipated.
2. The Streamlined Process also provides for a staged and proportionate approach in the preparation of the cases which must be referred to a prosecutor for a charging decision.
3. This Guidance clarifies the circumstances in which a guilty plea may be anticipated and which will be suitable for sentencing the magistrates' court. At the same time, it makes provision for a reduction of the material required to progress that case. This includes simplified information that is to be provided to the prosecutor for presentation at court.
4. Although this Guidance makes no amendment to Annex A of the Director's Guidance and the responsibility for which cases must be referred to a Crown Prosecutor for a charging decision, it provides for the police to charge offences contrary to sections 4 to 7 of the Road Traffic Act 1988 without referral to a prosecutor, irrespective of the anticipated plea.
5. In future, charging decisions will ordinarily be made on the basis of the key evidence (and where appropriate, unused material) in the case. To reflect this, the Guidance provides for an amended content of prosecution files for charging decisions and initial hearings which will be sufficient for the needs of the case at each particular stage, including progression through court-based case management in the event of a not guilty plea being entered.
6. This Guidance is to be known as the Director's Streamlined Guidance and will apply in those Forces Areas as set out in Annex A to this Guidance.

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2. The Police Report

1. To facilitate a streamlined prosecution team process, the police will report all police charged cases to the CPS for prosecution through an amended MG5 to be known as the Police Report.
2. Where necessary, the Police Report will be accompanied by evidence or witness statements and other relevant documentation but only in accordance with the needs of the particular case and the stage it has reached in the charging and prosecution process as set out in this Guidance.
3. The police may also submit the Police Report together with the other documentary and evidential requirements as set out in this Guidance in cases where the CPS has authorised charge following the referral.

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3. The Principle of proportionate file preparation

1. The essence of the Streamlined Process is proportionality. Cases expected to result in a guilty plea and suitable for sentence in the magistrates' court will require less paperwork for plea and sentence than an offence where there is a clear intention to contest the issues. Decisions in other cases should be made on the basis of the key evidence. Overall, the need for witness statement taking will accordingly be reduced.
2. The Streamlined Process will continue to provide sufficient information for prosecution review and decision making; for the defendant to be informed about the prosecution case; and for case management and disposal by the court.

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4. The need for quality investigations

1. The Streamlined Process relies on focussed quality investigations to maximise the potential efficiencies available to all agencies. It does not however imply that the investigation should be curtailed. The Criminal Procedure and Investigations Act 1996 places a duty on investigators to pursue all reasonable lines of enquiry and to record and retain all relevant material.

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5. The Victims Code and the 'No Witness No Justice' Initiative

1. Police officers should continue to comply with their responsibilities under the Victims' Code and ensure that personal details of victims and witnesses are accurately recorded during the course of an investigation so that the Witness Care Units may function effectively.

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6. Application of the Streamlined Process in police charged cases

1. Subject to the exceptions set out below, the Police Report alone should be submitted to the CPS for the prosecution of cases suitable for sentence in the magistrates' court where a guilty plea may be anticipated in accordance with the following criteria:
   • The suspect has made a clear and unambiguous admission to the offence to be proved and has said nothing that could be used as a possible defence (e.g. "I hit him first because I thought he was going to hit me" or "I did walk out of the shop without paying but I just forgot. I did not mean to", etc.) or
   • Though the suspect has made no admission in interview ¹, the commission of the offence and the identification of the offender can be established by good quality evidence (e.g. of a police officer or another reliable independent witness) or the suspect can be seen clearly committing the offence on a good quality visual recording.

   ¹ Either because he made no comment, or because he was not interviewed at all, but has not at any time denied the offence or otherwise indicated that the charge will be contested at court.

2. A case is to be considered suitable for sentence in the magistrates' court if:
   • The loss or damage of the offence to be charged is less than £5000 or would not exceed £5000 if there is more than one offence charged (including TICs) or
   • The overall circumstances of the offence are not so serious that the magistrates are likely to decide that the defendant deserves more than six months imprisonment and send the case to the Crown Court or
   • The offence has not been committed at a time when the suspect was subject to a Crown Court order then in force (e.g. a suspended sentence of imprisonment).
3. The Police Report (accompanied by the documents as set out in paragraphs 14 and 15 below) should also be used with any summary only offences carrying 3 months or less imprisonment and offences under sections 4(1) and/or (2), 5(1) (a) and/or (b), and 7(6) of the Road Traffic Act 1988, all of which the police may, should they so wish, charge without reference to a duty prosecutor, irrespective of whether an offence is admitted or the anticipated plea and whether the offender is an adult or youth.

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7. Youths

1. The Police Report alone should be submitted in cases involving a youth offender (not being a persistent youth offender which must be referred to a prosecutor for a charging decision) in the following circumstances:
   • A clear and unambiguous admission to the offence to be proved has been made and nothing has been said that could be used as a possible defence (as above). [Where no comment is made by a youth offender, the case will be treated as an anticipated not guilty plea and referable to a prosecutor for a charging decision.].

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8. Streamlining the taking of witness statements

1. It is a key feature of the Streamlined Process that the taking of witness statements by the police will be reduced.
2. Other than victim personal statements, witness statements that need to be taken from non-police witnesses should be concise, covering only the essential points to prove. They may be recorded on proforma documents for ease of processing. Statements recorded in compliance with the requirements of section 9, Criminal Justice Act 1967 (CJA 1967) may be served on the defence for agreement if necessary.
3. It is not necessary for police officers in the first instance to take or provide statements which only cover the continuity of evidence or concern the handling of the suspect. The arrest and transportation of an offender to a police station is usually of no evidential interest and can be briefly summarised in the police report as can the interviewing and charging process. A pocket note entry will be sufficient in the first instance. A statement can be requested if such evidence is later identified as being in issue and cannot be agreed.
4. Statements which entirely duplicate the evidence of another witness – for example, a second officer present in an interview, witnessing officer in a drink drive procedure, need not be taken in the first instance. They may be requested subsequently if this evidence is contested and cannot be agreed.
5. Where such evidence cannot be agreed at court (e.g. by way of section 10 CJA 1967) at a case management hearing, statements complying with section 9 CJA 1967 will be necessary and must be sent to the CPS at least two weeks before the trial (if not directed earlier by the court) if the attendance of the witnesses is to be avoided. Where the prosecutor deems it appropriate for the witness not to give evidence in person and the statement can be agreed, the attendance of the witness will be avoided.

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9. Taking statements by telephone

1. The taking of statements by telephone will provide further opportunities to minimise the impact on police officers in preparing cases for court.
2. Where deemed appropriate by the police witnesses statements may be drafted during a telephone conversation with a witness which will include an explanation of the significance of the making of the statement and of the consequences of not being truthful. The statement should then be read over to the witness who will be asked whether they wish to alter or add anything and to confirm that it is true.
3. Once completed, the statement will be dispatched to the witness for signature and return. Progress in the case should not be delayed pending receipt of the signed statement.

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10. When witness statements are required with the Police Report

1. In any case charged by the police as an anticipated guilty plea (see paragraph 6 above) where the suspect makes a full admission in a PACE compliant interview, or otherwise by himself or through his legal representative indicates an intention to plead guilty to the offence, the only witness statement to be submitted with the Police Report will be a victim personal statement, where one is taken.
2. Where only the Police Report is submitted, the evidence of key witnesses must be reflected in the summary (see paragraph 11 below). However, in more complex cases, even though a full admission has been made, the reporting officer should consider whether the prosecutor will be assisted by the provision of witness statements that will fully describe the way the offence was committed and enable a full picture of the offender's conduct to be presented to the court.
3. In any case charged by the police where an adult suspect has made no comment in an interview and has not otherwise denied the offence (for which there is good quality evidence from police officers to establish all the elements of the offence including the identification of the offender) witness statements need not be submitted with the Police Report unless a victim personal statement has been taken.
4. However, in any such 'no comment' interview case, witness statements will be required and must be submitted with the Police Report if the key witnesses did not keep a detailed note of the event (such as pocket note book entry made as soon as possible after the event or other contemporaneous record which would be disclosable in criminal proceedings; e.g. police officers; store detectives; scenes of crime officers; forensic scientists; etc.) and they are the only witnesses to the offence or to the identity of the offender.
5. Key witnesses are those which provide the key (witness) evidence in a case. Key evidence is that evidence which either alone (i.e. the evidence of one witness) or taken together with other evidence (e.g. a number of witness each of whom provide some key evidence and any key exhibits) establishes every element of the offence to be proved and that the person charged committed the offence with the necessary criminal intent.
6. Where telephone arrangements to obtain a Conditional Caution decision are not in place, it will be sufficient to submit a Police Report to a Prosecutor for a conditional caution decision if it is accompanied by a draft MG14 and a record of any previous convictions and cautions. Where telephone arrangements for decision making are in place, these documents may be submitted subsequently.

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11. Completion of the offence summary section of Police Report

1. A summary of the key evidence must be provided in every Police Report and should:
   • Set out the full circumstances chronologically of all offences charged and in a fair, balanced and impartial way.
   • A narrative style should be used describing the commission of the offences and clearly indicate which witness is providing the evidence summarised at each stage of the narrative. [This will assist case management in the event of an unexpected not guilty plea.]
   • Any aggravating or mitigating circumstances or expressions of remorse must be included.
   • Admissions at the scene, during arrest or when charged should be recorded as said.
   • Admissions made during a PACE interview should be included in the summary and key admissions should be noted using the actual words used by the suspect.
   • Any explanation as to how or why the offence occurred should be noted.
   • At the conclusion of an interview in which admissions have been made, the interviewing officer must summarise any admissions made aloud to the suspect and obtain the suspect's agreement to the summary which must then be recorded in section 2 of the Police Report.
2. Where compensation is to be sought on behalf of the victim, the summary should also include details of any injury, loss or damage and estimates or receipts in support of the claim should be provided. The suspect should be asked if the compensation is agreed if the sum to be claimed is known.

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12. Format of the Police Report and other information to be provided for the prosecution case file

1. The Police Report must comply with the form set out in Annex B to this Guidance and will be submitted in all cases. All parts will be completed in accordance with this Guidance and with the notes on dealing with particular types of evidence set out in Annex C to this Guidance.
2. In every case charged by the police in accordance with this Guidance, the file submitted for the initial court hearing must contain the following core information:
   • A Charge Sheet (MG4) together with the grant or variation of bail (MG4A) or remand application form MG7.
   • The Police Report.
   • Witnesses non availability (MG10) (unless alternative dates-to-avoid procedures are agreed under local CJ-SSS arrangements) to progress the case in the event of an unexpected not guilty plea.
   • The witness list for any non-police witnesses (MG9).
3. Where appropriate, it should contain copies of the following:
   • Any victim personal statement that has been taken.
   • Key witness statements when taken in accordance with this Guidance.
   • Any visually recorded evidence (CCTV and/or photographs) which clearly shows the involvement of the offender or illustrates an important feature of the case; e.g. photograph of bodily injury of the victim.
   • The defendant's previous convictions and cautions.
   • A schedule of any offences to be taken into consideration (MG18).
   • A MG6 confidential information form which should contain the following information where relevant:
     • The name and address of any victim for the payment of compensation.
     • A record of any material which undermines the prosecution's case or which may assist the defence in the early preparation of their case or in the making of an application for bail (in accordance with DPP ex parte Lee).
     • Any other confidential information to be provided to the prosecutor including any relevant witness issues.

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13. Advance information in anticipated guilty plea cases

1. Advance information ² to the defence and the court in police charged anticipated guilty plea cases will consist of
   • The Police Report.
   • Victim personal statement (if any) and key witnesses statements taken to support a no comment interview (see 10.4 above).
   • Any visually recorded evidence (CCTV and/or photographs) which shows the involvement of the offender or illustrates an important feature of the case; e.g. photograph of bodily injury of the victim.
   • A schedule of previous convictions and cautions (if any).
   • A schedule of any offences to be taken into consideration (MG18).

² This Guidance does not affect the usual arrangements for the supply of copies of the tape recording of interviews being supplied to the defence.

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14. Dealing with simple summary trials – police charged anticipated not guilty plea cases

1. In anticipated not guilty plea summary only offences which have been charged by the police (6.3 above), the following additional material must be submitted with the Police Report:
   • A copy of a legible note book entry containing the evidence of each witness (which may contain a section 9 Criminal Justice Act 1967) or
   • A witness statement made in accordance with the provisions of section 9 of the Criminal Justice Act 1967 (CLA 1967).
2. Where the only witnesses to the offence in the case are police officers, the Police Report with a legible copy of notebook entries and copy exhibits will suffice. If the case proceeds to trial, the officer(s) will be required to attend to give evidence.
3. Where in any case the police require witness statements to be served in accordance with section 9 CJA 1967 with a view to avoiding the attendance of a witness at court, a witness statement must be provided to the CPS for service at least than two weeks before the date fixed for trial (if not earlier directed by the court). This will be served on the defence and court section 9 CJA 1967 and the attendance of the witness avoided, if agreed by the defence, providing the prosecutor with conduct of the case deems it appropriate for the witness not to give evidence in person.
4. If only copies of note book entries without section 9 declarations are provided and a not guilty plea is entered, the witness will be required to attend court to give evidence in person unless witness statements are provided for service in accordance with paragraph 14.3 above.

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15. Driving (or in charge) under the influence; above the prescribed limit; refusal to supply a specimen for analysis

1. In any prosecution for offences under sections 4 to 7 of the Road Traffic Act 1988, the Police Report detailing the events leading up to an arrest and the suspect's comments in interview together with the MG DD forms A and B will be submitted to the CPS.
2. This material will be served on the defence prior to the initial hearing as advance information.
3. The police should only charge offences of being in charge of a motor vehicle (sections 4 and 5) where an interview has been conducted with the suspect that negates the statutory defence to such offences. Failure to do so may mean that case will not reach the evidential standard required by the Code for Crown Prosecutors.
4. In the event of a not guilty plea being entered, usually only the officer conducting the statutory procedure in the police station and the arresting officer will be required to give evidence unless issues are raised at the case management hearing requiring the submission of additional evidence.
5. In the case of a person alleged to be in charge of a vehicle, the police must provide a record of interview covering the future driving intentions of the defendant with regard to the vehicle to indicate whether the statutory defence is being relied on.

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16. Actions following a not guilty plea: case management

1. In any case in which a not guilty plea is entered, the prosecutor, at the case management hearing, will:
   • Explore with the defence any evidence that can be agreed or read out to the court.
   • Proactively assist the court in the identification of the issues for trial in compliance with the Criminal Procedure Rules. ³
   • Agree a time table for the management of the case with the court.
   • Notify the police of any specific further evidential requirements as soon as possible and in any case within three working days.

³ Criminal Case Management Framework (CCMF): Chapter 3, Objectives (a) (iii) and Criminal Procedure Rules (Crim PR) 3.2 (2) (a) and 3.3 (a).

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17. Role of police supervision & the evidence review officer

1. The Evidence Review Officer's role is crucial to the success of the Streamlined Process. This is because a detailed legal and procedural knowledge is required supported by robust early case management if the efficiencies sought by the Police are to be realised. Early 'front-end' proactive police supervision during the investigative stage has proved to be a critical component for success.
2. The tasking of police officers and the resource usage of all criminal justice agencies will be minimised if police officers receive direct guidance from an experienced Evidence Review Officer at the same time or before an officer reports to the custody officer in compliance with section 37(1) PACE (initial report to the custody officer with a suspect under arrest).
3. Before a Police Report is submitted to the CPS, a police supervisor or Evidence Review Officer will ensure that it contains all the necessary information, and that it and the case summary is of the required standard and will certify it to that effect.

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18. Arrangements relating to cases referred to the CPS for a charging decision under the Director's Guidance

1. This Guidance makes no amendment to Annex A of the Director's Guidance on Charging (cases that must be referred to a Crown Prosecutor for a charging decision) though as provided in paragraph 6.3 above, specific provision is made to allow the police to charge offences contrary to sections 4 to 7 of the Road Traffic Act 1988.
2. However, in order that file preparation will be proportionate to the needs of each case, investigators and duty prosecutors will ordinarily make investigative and charging decisions on the information provided by the MG3 and key evidence and not trial ready files. The Director's Guidance on Charging also requires the provision of any unused material which exists that may undermine the prosecution or assist the defence (together with any key evidence) in cases to be referred to a duty prosecutor for a charging decision.
3. Where a duty prosecutor is to authorise charge in a case expected to be concluded in the magistrates' court, the police file submitted for the charging decision and for the initial hearing should not be a trial ready file. However, this staged approach will provide sufficient information through the supply of key evidence for a proper charging decision to be made; for advance information to properly inform the defendant of the prosecution case; for mode of trial, plea, case management, and if necessary, sentence.
4. Key witnesses are those which provide the key (witness) evidence in a case. Key evidence is that evidence which either alone (i.e. the evidence of one witness) or taken together with other evidence (e.g. a number of witness each of whom provide some key evidence and any key exhibits) establishes every element of the offence to be proved and that the person charged committed the offence with the necessary criminal intent.
5. Where numerous witnesses provide differing evidence of the same events, MG11 witness statements should be provided in respect of each.
6. Corroborative statements or continuity evidence will not be required to be submitted with the Police Report unless already contained within the statement of a key witness. Other evidence supporting or repetitive of key statements will not be required. However, the MG3 should indicate corroborative or continuity evidence is available.

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19. File contents for statutory charged cases for initial court hearings

1. In all cases where the CPS makes the charging decision irrespective of the anticipated plea, the police will provide the CPS with a file which contains the information set out below. This will enable the prosecutor to prosecute these cases effectively and, if necessary, identify the real issues for trial at a case management hearing which will take place immediately following the entry of any not guilty plea.
2. The file will contain:
   • A copy of the MG3 / MG3A completed by the investigator and duty prosecutor when making the charging decision (the summary of the offence may be contained in the Police Report).
   • The MG4 charge sheet together with the grant/variation of bail (MG4A) or Custody Remand form (MG7).
   • The Police Report, unless the summary of the offence is contained in the MG3.
   • Special measures assessment (MG2) – where appropriate.
   • The witness list of non-police witnesses (MG9).
   • Key MG11 key witness statements as provided to the prosecutor for a charging decision with the MG3 and any victim personal statement, if taken.
   • Dates to avoid of ALL witnesses (MG10) (unless alternative dates-to-avoid procedure agreed under local CJSSS arrangements).
   • Any visually recorded evidence (CCTV and/or photographs) which clearly shows the involvement of the offender or illustrates an important feature of the case; e.g. photograph of bodily injury of the victim.
   • A schedule of the defendant's previous convictions and/or cautions.
   • A schedule of any offences to be taken into consideration (MG18).
   • A MG6 confidential information form which should contain the following information where relevant:
     • The name and address of any victim for the payment of compensation.
     • A record of any material which undermines the prosecution's case or which may assist the defence in the early preparation of their case or in making an application for bail (in accordance with DPP ex parte Lee).
     • Any other confidential information to be provided to the prosecutor including any relevant witness issues.

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20. Advanced information in statutory charged cases

1. This will consist of the Police Report ⁴ or the MG3 summary and the following additional statements or material where appropriate:
   • Copies of the key MG11 witness statements and a copy of any victim personal statement if taken.
   • Any visually recorded evidence (CCTV and/or photographs) which clearly shows the involvement of the offender or illustrates an important feature of the case; e.g. photograph of bodily injury of the victim.
   • A schedule of the defendant's previous convictions and cautions.
   • A schedule of any offences to be taken into consideration (MG18).

⁴ This Guidance does not affect the usual arrangements for the supply of copies of the tape recording of interviews being supplied to the defence.

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21. Proportionality for cases for sending or committal to the Crown Court

1. Cases triable only in the Crown Court or those likely to be deemed not suitable to be sentenced in the magistrates' court may be streamlined to the extent that charging decisions and initial hearings in the magistrates' court will ordinarily involve the consideration and use of a file which contains only the key witness statements and other key evidence in the case.
2. Once a direction or election for trial is made, a committal file will be prepared. Once a case is sent to the Crown Court, a file for service in the Crown Court will be prepared.

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22. Limits and extent of this guidance

1. This Guidance comes into force in the Areas and on the dates indicated in Annex A until further notice. This Guidance may be revised from time to time as may be deemed necessary.

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23. Annex A: Limits and extent of this guidance

Area	Division/BCU	Date	Signature

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24. Annex B: Blank MG5 Form

For a copy of the form please contact the Home Office.

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25. Annex C: Dealing with particular types of evidence

See paragraph 12.1 in the Director's Streamlined Guidance

1. Identification evidence

   Where identity is not admitted, sufficient evidence to prove this will be a key element of the prosecution case. Although silence during interview does not challenge an allegation of involvement, it does not remove the necessity for proper identification by the prosecution where this is not admitted.

   However, supervisors or Evidence Review Officers and Prosecutors should ensure that identity procedures triggered by paragraphs 3.12 and 3.13 of PACE Code of Practice D are undertaken only when justified and necessary. Full reasons for requesting identification procedures should be noted on the MG3.

2. Identification through scientific evidence

   In any case in which material evidence against a person consists of a DNA or fingerprint or other forensic analysis, confirmation of the match report, accompanied by other supporting evidence in the case, or positive fingerprint identification will suffice for the purposes of making a charging decision and for the magistrates' court initial hearing.

   Preliminary information on finger print lifts must indicate the location and position of any identified finger prints and their significance. Also notice should be given of any other fingerprints lifted and not belonging to the suspect; whether these have been identified and if so, whether the persons concerned have been eliminated from the enquiry. A full evidential statement detailing the analysis will only be required if the case proceeds to trial and aspects of the report are challenged by the defence.

   Where a controlled substance has been identified through the use of a drug testing kit or in the case of cannabis by an experienced police officer, only where the identification is challenged will further scientific evidence be obtained after charge. The use of this equipment should be mentioned in the summary.

3. Dealing with medical evidence

   Subject to the following paragraph, in any case involving an allegation of assault which is suitable for sentencing in the magistrates' court, evidence of a medical practitioner will not be required to make a charging decision and to take the case forward to the initial hearing.

   In the case of an offence of assault occasioning actual bodily harm contrary to Section 47 of the Offences against the Person Act 1861, a medical statement will not be required unless the injuries can only be proved through the interpretation of medical records or X rays by a medical practitioner. Such a statement will only be required where, during interview, the suspect does not accept the nature and extent of injuries caused.

   Other good reliable eye-witness evidence or good quality photographs accompanied by descriptions of the extent of the injuries will suffice for other summary assault cases.

   However, where the victim of an assault has sought medical attention, this must be revealed to the Prosecutor unless a statement from the medical practitioner forms part of the prosecution case. When medical statements are taken, a copy of any medical notes should be obtained.

4. Dealing with visually recorded evidence

   Wherever appropriate, any available visually recorded evidence that establishes the offence should be shown to the suspect during the course of a PACE compliant interview. A note of the defendant's response will be contained in the record of interview ⁵. A copy of the visual recording ⁶ for the Prosecutor and a copy (or copies) for each defendant will need to be supplied.

   ⁵ There is no requirement for the police to routinely trawl through hours of CCTV recordings for every minor street incident. Whether such an activity is a reasonable line of enquiry will depend on the circumstances of each case. Factors that may influence an officer's judgement will be the nature and seriousness of the offence, the quality and reliability of any eye witnesses and what the suspect said at the time of arrest or during a PACE complaint interview. The police are not required to make speculative enquiries of others. There must be reason to believe that they may have relevant material.

   ⁶ Which includes any photographs.

5. Prepared defence statements at police interviews

   Prepared statements not providing any kind of admission are not capable of forming part of the prosecution case and should not be recorded in the summary or form part of the prosecution's case presentation. However, the fact was one made should be mentioned in the summary. A copy of any statement provided by the defence should be retained (as unused material) for the purposes of cross examination in the event of an alternative explanation being offered at trial.

6. Drugs Intervention Programme (testing on arrest or charge)

   Although it is not strictly 'evidence', the DIP test results provide useful information which may assist the court in deciding whether to grant bail, with or without conditions, and in establishing the level of the report required for sentencing purposes. It is not necessary to attach the Form DT2 but the Police Report must indicate if a test was performed, if the offence is a trigger offence and the result. It should also state the nature of the drug indicated in a positive test.

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Sir Ken McDonald QC
Director of Public Prosecutions

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