Annex D: Statutory Powers of Non-legal Staff Caseworkers Designated Under Section 7A of the Prosecution of Offences Act 1985
Principle
1. The fundamental principle is that Designated Caseworkers will review and present magistrates’ court cases which are straightforward and with no technical issues or complications of fact or law.
2. The cases must be anticipated guilty pleas meeting the criteria set out below, or involve minor road traffic offences which will be dealt with under the proof in absence procedure.
3. The criteria are intended to operate within the context of arrangements between the Service and the courts which will involve cases meeting the criteria being marshaled and listed together.
4. The supervising Crown Prosecutor will adhere to these principles when allocating cases to the designated caseworker and, in addition, will have regard to the following:
- the nature and surrounding circumstances of the offence;
- the ability, training and experience of the Caseworker;
- any other matter which may have a bearing upon whether the case is suitable for review or presentation by the Caseworker.
Criteria
5. Guilty pleas
5.1 A Designated Caseworker who is suitably trained and supervised by a Crown Prosecutor may review and present cases in the magistrates’ court where each of the following applies:
- the offence before the court is summary and/or triable either way, with the proviso that the either way offence must be considered suitable for summary disposal;
- the case involves only adult offenders;
- the accused is on bail and there is no objection to its continuance or the accused has been remanded in custody by the court following a guilty plea; and
- there is no significant dispute as to the facts, and the offence is admitted in interview with police; or
- a police officer has witnessed the commission of the offence and the accused has given no indication that he intends to plead not guilty.
6. Road traffic offences - proof in absence
6.1 A Designated Caseworker who is suitably trained and supervised by a Crown Prosecutor may also review and present cases in the magistrates’ court where:
- the offence is a road traffic offence which could be dealt with under section 12 MCA 1980, but where there has been no response to the summons and the court proceeds to hear the case in the absence of the accused.
7. Exclusions
7.1 A Designated Caseworker may not review or present a case in which any of the following applies:
- the offence is indictable only;
- there is likely to be a contested trial;
- the accused has elected jury trial or the magistrates’ court has declined jurisdiction;
- the case is to be dealt with under the transfer procedures;
- the offence requires the consent of the Director of Public Prosecutions or the Attorney General;
- the case may be considered sensitive e.g. fatal accident, child victim, racial incident, accused is a serving police officer etc;
- the facts are disputed leading to the possibility of a “Newton” hearing or an order under section 58(7) and 58(8) Criminal Procedure and Investigations Act 1996 - derogatory mitigation;
- the offence is one which carries obligatory disqualification and where notification has been given in advance that evidence will be called in support of “special reasons” as to why the accused should not be disqualified.
General
8. Pre-court review
Discontinuance/withdrawal/ substitution of a charge
8.1 Where a Caseworker wishes to discontinue a prosecution under section 23 of the Prosecution of Offences Act 1985 or withdraw/substitute a charge, the matter must be referred to the supervising Crown Prosecutor for a decision.
At Court
9. Adjourned hearings
9.1 In general a Designated Caseworker may not continue to present a case where an accused enters or indicates a not guilty plea. However, the Caseworker may deal with issues arising upon the adjournment e.g. fixing the trial date etc.
10. Mode of trial representations
10.1 Where a not guilty or no indication is entered at plea before venue to an either way offence, the Designated Caseworker may retain conduct of the case where the court proceeds to consider mode of trial as part of the same hearing.
11. Amendment/withdrawal of a charge
11.1 Where it becomes apparent during the hearing that a summons requires minor amendment, e.g. errors as to value, date, location, vehicle description etc, the Caseworker may apply to amend without reference to the supervising Crown Prosecutor.
11.2 In road traffic offences involving the production of documents, where a Caseworker is satisfied that the substantive charge is no longer sustainable, he may withdraw the substantive charge without reference to a Crown Prosecutor and proceed on any alternative charges that are also before the court.
11.3 In all other proceedings before the court the Caseworker may not discontinue a prosecution or withdraw/substitute a charge without the agreement of the supervising Crown Prosecutor
The Extended Remit of Crown Prosecution Service Designated Caseworkers
1. Designated Caseworkers (DCWs) are now permitted to undertake all work in the magistrates’ court other than:
- Trials.
- Proofs in absence in either-way cases.
- Committals and sendings.
- Pre-trial reviews.
- Newton Hearings.
- Contested Bail Hearings.
The above exceptions take account of, and are in accordance with, section 7A Prosecution of Offences Act 1985 as amended by section 53 Crime and Disorder Act 1998.
2. In particular, DCWs may now deal with the following areas of work:
- Early administrative hearings, including plea before venue.
- Presentation in court, but not review, in cases where a youth is charged with an adult and a guilty plea is anticipated.
- All cases, including Youth Court cases, after guilty plea where the court has ordered a pre-sentence report.
- Proofs in absence in summary only cases in the adult magistrates’ court except where witnesses have been warned to attend court to give live evidence, whether they in fact give live evidence or not.
- Proofs in absence in the Youth Court in road traffic cases only except where live evidence is to be heard or where a review decision is required before the proof in absence.
- Totting-up cases where the defendant seeks to avoid disqualification on the grounds of exceptional hardship.
- Applications for the removal of a driving disqualification.
- Upon implementation of section 31 Criminal Justice Act 2003, applications for warrants of first instance.
April 2004
