Suspect Pathways Flashcards
POL 258P • Understand the purpose of a 258P • Understand the Police Adult Diversion Scheme Suspect
“BAIL”
BAIL
Bail is restricted pursuant to Bail Act s 10 / 12 / other (__________) (Specify how?)
Bail is not opposed and bail conditions are sought as per the attached NIA bail conditions printout. (only seek bail in arrest matters)
Bail is opposed. (Appropriate documentation is attached.)
No bail conditions are sought.
If bail is opposed but granted by the court, bail conditions are outlined in the attached NIA bail printout.
“DIVERSION / RESTORATIVE JUSTICE”
DIVERSION / RESTORATIVE JUSTICE
Diversion is an option.
Diversion is not an option.
Provide explanation for which option is applicable based on criteria that includes victim views, first time offenders, seriousness of offence, remorse shown, agreement to pay reparation, responsibility for offending accepted, previous convictions / diversion within last five years or any other special circumstances e.g. a section 106 discharge within the last five years.
Would the victim(s) be open to restorative justice? (Refer to local policies)
“VICTIM”
VICTIM
Victim referrals made according to local policy and the CSV1 has been completed.
Victim Impact Statements are attached as required for:
•
All victim contact details have been entered under the victim contact node on the NIA case.Victim contact details must be entered under the victim contact node in NIA.
Any other actions taken relating to the victim(s) safety?
Victim(s) views on bail must be conveyed to the judge and the victim must be informed of outcome if it is a sexual or serious violent offence.
“CIRCUMSTANCES”
As per the attached Caption Summary.
“DISCLOSURE”
Initial disclosure pack attached.
All other disclosable material is attached to be
Full disclosure is an ongoing obligation.
Initial disclosure has been sent to on .
If this is not the first appearance, then detail methods and dates of previous disclosure.
Further disclosure anticipated: detail what and when (e.g. ESR etc)
“WITNESS AVAILABILITY”
Witness unavailability sheet attached. This must cover all witnesses (civilian and police) for the next six months. Include reasons for unavailability
“WITNESSES”
The POL 275 - Witness List sheet is attached.
• List all available witnesses.
• Outline what evidence they will give.
• Highlight any identification witnesses and the id processes followed.
• Ensure all elements of offence(s) and offender(s) identity are covered.
• Advise of supporting documents e.g. statements, notebook, etc.
• Detail any special needs for a witness e.g. age, interpreter, potentially hostile.
• Highlight any witness who has given a DVD interview. (A transcript of this interview must be provided and disclosed before the Case Management Meeting.)
Type below:
“EXHIBITS’
Discuss what relevant exhibits have been seized, where they have been stored, exhibit register numbers. Have they been forensically examined (fingerprints, photographed, ESR, etc), If so, by whom? Include details relating to documentary exhibits. (E.g. EBA documentation)
Type below:
“DEFENDANT(S)”
The Defendant has active charges before the court, as listed below.
The Defendant agreed to make a statement. Written statement attached. / Statement recorded on DVD.
The Defendant declined to make a statement.
What admissions/denials were made? Are there possible defences, and can they be negated? Full transcript of DVD interview will be required for trial.
Type below:
“NOTIFICATIONS / ALERTS”
(DRUGS, YOUTH, PURSUIT, DLICNO SUSPENSION, Suicidal Tendencies etc)
There are no notifications that require follow up.
The following notifications have been completed, , (copies attached).
There are no alerts.
The following alerts have been completed, , (copies attached).
“ORDERS SOUGHT”
Are there any orders that have not been requested on the Caption Summary that you want the Prosecutor to seek, such as confiscation of a vehicle?
Among other options, bear in mind sections 124 and 125 of the Sentencing Act, which empower a court to disqualify a convicted defendant from holding or obtaining a driver licence if offending, punishable by imprisonment for an offence against any enactment other than the Land Transport Act, involved the use of a motor vehicle in facilitating the offence or fleeing from it, irrespective of whether or not the offender was the driver of the vehicle. Utilise this measure whenever available with a view to a focus on prevention of further offending. Example as follows:
“The defendant SMITH was the driver / passenger of a Toyota car used to facilitate the commission of this burglary. In accordance with sections 124 & 125 of the Sentencing Act 2002, the court is asked to disqualify the defendant from holding or obtaining a driver licence for a period of up to 3 years at the court’s discretion”.
Type below:
“NOTES FOR PROSECUTOR”
you prior to a Case Management Memorandum meeting and a subsequent Case Review Hearing, so include all relevant information here.
Also that if you are filing charges that feature in the Crown Prosecution Schedule, including but not limited to any offences featuring a penalty of 14 years imprisonment or more*, that the Crown will take ownership of the file from the entry of a plea, so file standard for first call needs to reflect that possibility.
*Commercial drugs charges are also considered in terms of other qualifying characteristics that point to “commercial” as to whether or not they would qualify for the Crown Prosecution Schedule, so any relevant points and a recommendation must be addressed here for the information of your supervisor and the prosecutor, in order that the correct path is followed once a plea is entered.
If there were any powers exercised pursuant to the Search & Surveillance Act, cover off on them here and ensure that copies of relevant documentation are included on the file.
Does the Defendant have other active charges, and if so, in what court and stage of proceedings?
What, if any, dealings have you had with a defence lawyer in respect to this case? If any, highlight the lawyer’s details as well as contact details and anything in your interaction that may be material to the prosecution case.
Is the Defendant a Hot Offender? (A Hot Offender is a locally defined high risk family violence offender. If applicable attach the family violence history report)
Are there co-offenders and what is their status? (Include PRN’s, CRN’s and file numbers)
Will applications be required under the Evidence Act i.e. the age of the victim re mode of evidence applications, photographic identification, hearsay etc?
Are you holding any original documents or a working file?
What outstanding enquiries need to be completed?
At each stage in the prosecution process, consider if it is still in the public interest to continue with the prosecution. Consult with your supervisor.
Is there any other matter a Prosecutor or your supervisor may need to be aware of?
There is a heavy emphasis on resolving matters out of court where practicable. Any decisions on case disposition will be made by the prosecutor emphasising adherence to the Solicitor General’s Prosecution Guidelines - your views as OC in relation to disposition are welcome here and this may be your only opportunity to provide them.
Type below to answer questions above:
Event chronology is at the rear of the file.
“DIRECTION”
For your information and forwarding.
Suspect
Understand the Police Adult Diversion Scheme
Suspect?
The Police Adult Diversion Scheme (diversion) is a lawful way to exercise prosecutorial discretion instead of full prosecution. It is an alternative means of processing some offences and/or offenders through the courts. The Police Prosecution Service (PPS) is responsible for diversion.
The aim of this diversion policy is to achieve nationwide consistency in availability and approach as well as improved service delivery to Maori and partnerships with Maori communities and service providers.
The purpose of a 258P
Diversion has two primary purposes, rehabilitation and reparation
• Rehabilitation
− To prevent re-offending
− To encourage offender/s to reflect on the impact on the victim by ensuring they [the offender] are sufficiently aware of the implications of the offence.
• Reparation
− Reparation might include:
− the payment of money to compensate a victim
− writing an apology letter to the victim of the offence or meeting with the victim for a restorative justice process
− making good damage done to property (e.g. painting over graffiti).
Suspect Pathways 149 August 2019
Copyright New Zealand Police
• Three secondary purposes of diversion are to:
− encourage the offender to take responsibility and show remorse for their actions
− eliminate factors that put the offender at risk of re-offending (e.g. arranging counselling for alcohol or other drug problems)
− avoid the offender’s first conviction and give them another chance.
