It’s been a little while since my last missive and whilst this is a huge relief to some, the reason is that in truth, the world of case files has been quiet at long last. The introduction of the Streamline process across the board has at last done away with the need for different case files for different courts. This has simplified things greatly and with the rest of the world joining us at the end on June, the Trampoline readership should rise to a heady half a dozen! Exciting times indeed.

Crime Recording

Please see Staff Assaults in LS Weekly (18/06/09) as this is linked.

Officers tend to crime offences with the CRC at Cardiff very soon after arrest (i.e. whilst still in the Custody Suite.) This of course is very efficient and in most cases is not a problem. However, where it does become a problem is where the initial offence is ‘crimed’ as it were, but then the suspect is charged/reported/summarily executed for something else. For crime recording purposes we now have two ‘crimes’. 
We have the initial one which was created whilst you were being super efficient in Custody and then a second ‘crime’ for the offence for which they were later charged/reported etc. With me so far? Good.
The problem with this system is that we ‘clear’ the second offence but we do not clear the first one and it remains as an undetected crime. Wrong answer. 

So if you attend an incident of say, a minor staff assault and you arrest the suspect for the offence of assault, then that’s fine. You then have up to 72hrs in which to report the crime to Cardiff. It’s at this reporting point that you may want to have a long think and seek guidance as to what you record the incident as. It could be that it is minor in nature and so thought may be given to disposing of it as a Public Order offence rather than an assault if that is justified. If that’s the case, rather than rushing to ‘crime’ it as an assault and then later disposing of it as a Public Order offence, it would be preferable to utilise the full time frame and then when you’re sure, recording it as the ‘disposal’ crime rather than the ‘arresting’ crime. Simples!

PCSO’s & Statements

Will all officers take note please that PCSO’s are not to be asked/tasked/bribed/threatened into taking statements from either victims or witnesses. This is not part of their role and they do not have the necessary skills or training to do so. They have however been trained in providing their own witness statements and they should be encouraged to do so after having completed a comprehensive PNB entry. I would remind the OIC however that the standard of evidence in your file is your responsibility.
 
CCTV in suspect interviews

If CCTV is Key Evidence in a case, then best practice dictates that the suspect be shown it during interview(s) and given the opportunity to comment. This applies particularly if the anticipated plea is likely to be one of ‘Not guilty.’ If the footage is Key and you have not shown it to the suspect, there is no point approaching the CPS for a charge decision as they will quite rightly tell you to “go forth, be fruitful and multiply” until you have. It wouldn’t clear the ERO hurdle in any event.
Once again, this is where the utilisation of the Custody clock comes in handy ‘cos you can at least get to view the CCTV within 24hrs in most circumstances in order to evaluate its evidential worth. If it is Non Key then crack on with the job but if it is Key, then you’ve got to show it to your suspect. Ideally this should be done whilst they’re still in custody (see staff assault above!) but if that’s not possible, then you have no option but to bail for a very brief period and show it upon their return. Likewise, if you cannot get to view it within a sensible time frame, then bail your body until you have viewed and assessed it.   

Steve Millward
ERO London South
11/6/09