That period will also be determined by the nature and extent of any issue in dispute. A full evidential statement detailing the analysis will only be required if the case proceeds to trial and aspects of the SFR are challenged by the defence, or if the issues are complex and an SFR is inappropriate. 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 that identification is challenged will it be necessary for further scientific evidence be obtained after charge.
The use of this method of identification should be confirmed in the summary. SFRs should be available for charging purposes and as part of the Initial Details of the Prosecution Case IDPC that the prosecution are required to serve on the defence and the court in advance of the first hearing. Any delay in providing the SFR may adversely affect case management, including the prospect of a guilty plea, or agreement of the evidence. It is critical that, with all types of forensic evidence, the prosecution is aware of its existence and also its status i.
In all custody cases proactivity is required as any delay in providing forensic evidence is likely to have adverse consequences for an application to extend the time limit. Scientific support departments should follow procedures and working practices which ensure compliance with the requirements of the CPIA Code of Practice.
Accurate and full records must be kept of all scene examinations, including all lifts and marks and the details of any items retained as potential exhibits. The records must be made available to the disclosure officer. Disclosure issues may arise where the forensic analysis of some marks and lifts are negative, point away from the suspect, or point towards another individual.
This information must be communicated to the prosecutor as soon as it is available. This guidance applies to cases where the identification of an offender is an issue and the identification is based on either a visual identification by a witness Part A or identification via visual media Part B.
It is not a definitive guide. Prosecutors and police officers must be familiar with the current law and policy in relation to identification. A significant and substantial breach of Code D may result in identification evidence being excluded by the court. Identification evidence may include the following:. Before taking decisions to prosecute, prosecutors and police decision makers must assess the available evidence including any defence or explanation raised by the suspect and any other information to determine whether identification is an issue in the case.
The fact that a suspect does not answer questions in interview does not mean that identification does not still have to be proved or that it is an issue. An identification procedure should take place if a dispute as to identity may reasonably be anticipated unless it would serve no useful purpose. Identification evidence may be an important consideration in a charging decision.
Where the identity of the offender is an issue in the case, evidence will be needed to prove this key element. Identification issues should be addressed at an early stage of an investigation.
An explanation must be provided where this is not possible. Failure to address identification issues promptly may mean that a charging decision has to be deferred or cannot be made at all. In all Full Code Test cases, the key evidence must be available at the point of charge, including identification evidence where it is in dispute. Statements or video recorded interviews relevant to the identification, or the circumstances in which it was made, must be provided as part of the charging referral, in addition to the other key evidence in the case.
They should contain the information required by The Turnbull Guidelines. Where the identification is based on recognition, the witness statement should include a detailed account of:. If a victim or witness identifies a suspect via a street identification , the referral must include the following at the stage at which the identity of the suspect was not known:. Where photographs are shown to identification witnesses at the stage at which the identity of the suspect is not known, the referral must include the following:.
Where a victim or witness identifies a suspect via social media, prior to a formal identification or even prior to police involvement, additional information is needed to understand the impact this may have on the assessment as to whether there is sufficient evidence to meet the Code test. Police officers and prosecutors must refer to the most recent guidance in this area to ensure the correct issues are addressed.
The additional information regarding the circumstances of the identification via social media must be made available to the prosecutor for the purposes of a charging decision.
This will usually be included in the statement of the identifying witness, supplemented if necessary by police statements or further information submitted as part of the referral. It is also important that police officers keep proper records of the steps taken when investigating such an informal identification.
Copies of the social media image s seen by the witness should be included as part of the referral. Identification procedure. A record of all decisions about holding an identification procedure should be provided with all referrals for charging decisions.
In all cases where an identification procedure has taken place, the referral must include:. Where the decision is made not to conduct any form of formal identification procedure in any case where identification is disputed, a record must be made of the rationale for that decision.
This part applies where an image of the offender is captured on any visual medium, including footage of the offender committing the crime, or footage of the offender in other circumstances which tend to prove or disprove their involvement in the crime. Irrespective of the method of identification, it is vital that any material that may be capable of undermining the identification evidence is made available to the prosecutor at the point of referral for a charging decision or, where appropriate, is taken into account by the police decision maker in police charged cases.
This will include any inconsistent accounts provided by the identifying witness, any accounts by other persons, visual recordings, or other information which may be capable of casting doubt on the identification of that witness, or impact on their reliability and credibility. All information and material relating to the identification of a suspect and any identification procedures should be retained and recorded so that it can either be served as evidence in the case or assessed to determine if it meets the disclosure test under CPIA.
Victims or eye-witnesses can describe symptoms and injuries. Medical evidence is a term used in this guidance to refer to the evidence of a medically qualified person who is able to provide admissible information outside the knowledge of magistrates, a judge, bench, or jury. It may be in the form of statements, reports, or medical notes. Prosecutors and Police decision makers need to consider each case on its merits and any offence specific guidance.
Prosecutors and police officers must ensure that if medical evidence is needed it is requested early in the investigation. They must have regard to specific guidance, protocols, and memorandums of understanding relating to obtaining medical evidence, in particular, the national agreement with the NHS, and the NPCC with the College of Emergency Medicine Best Practice Guidance.
Medical evidence is not required to explain visually obvious, non-complex injuries e. This will cover the majority of offences of common assault. In such cases, the evidence of an eyewitness who is assessed as being reliable, or clear definition photographs accompanied by descriptions of the extent of the injuries, will suffice.
As a matter of best practice, a permanent visual record should be made of any visible injury. Where this is not possible, it must be fully and clearly described in a witness statement. The provenance of any visual record must be clear i.
Medical evidence will be required to prove an offence of assault occasioning actual bodily harm where the injury can only be established through the interpretation of medical records or X-rays e. Otherwise, the extent of any injury can be covered by witness observation and visual record. These cases are likely to involve the victim receiving medical treatment.
Medical evidence will invariably be needed to establish the extent of the injuries that will be sufficient to justify these charges.
This is likely to require the interpretation of medical records, X-rays, or other forms of imaging. The full extent of injuries in these cases is more easily presented to the court through a medical report or the relevant medical notes. There may be rare occasions when the circumstances of the offence, the manner of infliction of the injuries, and the extent of the visible injuries mean the offence may be prosecuted without medical evidence.
This approach should be carefully considered in any case where a victim does not support a prosecution and does not consent to release of their medical records, but the evidential and public interest stages of the Code test are capable of being met. Medical evidence should be requested as soon as practicable. It is essential that local protocols are followed and timescales adhered to. Whether medical evidence is needed for a charging decision will depend on the particular facts of the case, the offence under investigation see above , the nature and extent of any admissions, and whether the case is charged on the Full Code Test or the Threshold Test.
In all Full Code Test cases, key evidence will be available at the point of charge. Where medical evidence is required to prove an element of the offence, or rebut an issue or defence raised, an appropriate medical report or medical notes must be provided to the prosecutor for a charging decision.
This information must be from a medical practitioner. The timescale for securing a full medical report and the relevant medical notes must be agreed in the relevant joint action plan that will support any Threshold Test decision.
Consent must be informed and given freely. The victim needs to understand why a medical report, or medical records, is needed and the use to which it may be put. The victim may:. If the victim of an assault has sought medical treatment, this information must be recorded and revealed to the prosecutor unless a statement from the medical practitioner already forms part of the prosecution case.
When statements are taken from medical practitioners, a copy of any supporting medical notes should be obtained and scheduled if unused. When considering out-of -court disposals, prosecutors should include consideration of non-conviction based asset recovery powers. These include:. Police officers and prosecutors must consider the Proceeds of Crime Act , sections 6, 10 and 75, in addition to Schedule 2 when assessing lifestyle provisions in any case. The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions that sets out the general principles Crown Prosecutors should follow when they make decisions on cases.
This guidance assists our prosecutors when they are making decisions about cases. It is regularly updated to reflect changes in law and practice. Help us to improve our website; let us know what you think by taking our short survey. Contrast Switch to colour theme Switch to blue theme Switch to high visibility theme Switch to soft theme. Search for Search for.
Top menu Careers Contact. Introduction 1. Context 2. Responsibilities 3. The police will notify the prosecutor if the case cannot so proceed, explaining why; using the digital interface for communication between the CPS and police where available and used by the force. There must be a justification for each action linked to an issue in the case — evidential; case progression or sentence; 12 managing disclosure in accordance with the common law and statutory frameworks; considering asset recovery in every case in which a suspect has benefitted from criminal conduct.
The Charging Process 4. CPS Charging 4. This should include a timescale for the completion of each inquiry; and any lines of inquiry which will not be pursued and a rationale for the decision.
Officers will assess the potential impact of unexamined material by considering the facts of the case and the available material and information about known issues. Appeals against a charging decision 4. The appeal itself does not stop the PACE clock; if the suspect is in custody and the intention is to bail the suspect after charge, consideration should be given either to appealing during the PACE clock or, if appropriate, releasing the suspect either under investigation or on bail and appealing expeditiously within any agreed timescales.
The following conditions apply: the continued detention of the suspect after charge must be justified. Emergency charging cannot be used if the suspect will be released after charge; consideration must have been given to continuing the investigation while the suspect is in custody using a PACE clock extension or warrant of further detention; the emergency charging decision must be referred immediately to a prosecutor for consideration of ratification of the offence charged and for a charging decision in respect of any other offences; if the suspect faces a number of charges, the officer will not charge all available offences but will identify a holding charge; the officer must specify whether the decision was made under the Full Code Test or the Threshold Test.
The police should have planned for this, and should be in a position to communicate their decision to the prosecutor immediately; where the police have not provided any further material or information that impacts the decision and have not escalated the decision for further review, the prosecutor will issue notices of discontinuance and the suspect will be released from custody; where the police escalate the decision not to ratify, it will be further reviewed by a District Crown Prosecutor; 48 where the District Crown Prosecutor also declines to ratify on further review, the District Crown Prosecutor will issue notices of discontinuance and the suspect will be released from custody.
Applying the Full Code Test 5. The public interest stage 5. The timing of charging decisions 5. Applying the Threshold Test 57 6. The five conditions of the Threshold Test 6. Prosecutors must be satisfied, on an objective assessment of the evidence, that there are reasonable grounds to suspect that the person to be charged has committed the offence. The assessment must consider the impact of any defence or information that the suspect has put forward or on which they might rely.
In determining whether there are reasonable grounds to suspect, prosecutors must consider all of the material or information available, whether in evidential format or otherwise. Prosecutors must be satisfied that the material to be relied on at this stage is capable of being: put into an admissible format for presentation in court; reliable; and credible. Prosecutors must be satisfied that there are reasonable grounds to believe that the continuing investigation will provide further evidence, within a reasonable period of time, so that when all the evidence is considered together, including material which may point away from as well as towards a particular suspect, it is capable of establishing a realistic prospect of conviction in accordance with the Full Code Test.
The likely further evidence must be identifiable and not merely speculative. In reaching this decision prosecutors must consider: the nature, extent and admissibility of any likely further evidence and the impact it will have on the case; the charges that all the evidence will support; other reasons why the evidence is not already available; the time required to obtain the further evidence, including whether it could be obtained within any available detention period; and whether the delay in applying the Full Code Test is reasonable in all the circumstances.
The seriousness and the circumstances of the case should be assessed in relation to the alleged offending and should be linked to the level of risk created by granting bail. This determination must be based on a proper risk assessment, which reveals that the suspect is not suitable to be bailed, even with substantial conditions.
For example, a dangerous suspect who poses a serious risk of harm to a particular person or the public, or a suspect who poses a serious risk of absconding or interfering with witnesses. Prosecutors should not accept, without careful inquiry, any unjustified or unsupported assertions about risk if release on bail were to take place.
Prosecutors must apply the public interest stage of the Full Code Test based on the information available at that time. Consequences if all five conditions of the Threshold Test are not met 6. If there are further reasonable lines of inquiry the police must then decide whether to: detain the suspect to allow the case to be investigated further; release the suspect under investigation or on bail.
Application of the Threshold Test where there is more than one offender 6. Review of the Threshold Test 6. The following approach must be adopted in all Threshold Test cases: the identified additional material or information must be recorded in a shared action plan containing an agreed timetable; prosecutors must be proactive in securing all additional material from the police; the police must advise the prosecutor immediately if any part of the timetable is unlikely to be met or if the further material or information means the Threshold Test should no longer be applied; prosecutors must assess the material and information regularly to ensure the charge remains appropriate and that continued objection to bail is justified; the Full Code Test must be applied as soon as the anticipated further evidence or material is received.
In Crown Court cases, its application must be considered before formal service of the prosecution case. Prosecution advice 7. The police must supply the following minimum information: Unique Reference Number URN ; factual summary; the lines of inquiry completed, ongoing, or contemplated; the anticipated results of any ongoing and contemplated inquiries, and their timescales; the issues already identified in the case, including any explanation provided by the suspect; the specific matters upon which advice is sought; any evidential material that is available that will facilitate the provision of the relevant advice e.
ABE interview, note of suspect interview; any potentially disclosable material. A police officer of the rank of Inspector or above can appeal that rejection in accordance with the appeals process. However, a prosecutor may determine that specific further information or evidential material is required before advice can be given.
The prosecutor will record, as part of their advice, their reasons for any such request and share them with the police. A prosecutor may also determine that not all the information detailed in paragraph 7. Out-of-court disposals Principles 8. Responsibilities and restrictions 8. Other factors 8. The National File Standard 9. Compliance 9. Post Charge: case management, progression, and review Case management is the framework that identifies the case material, information, and actions required to support the case and ensure the court process is efficient; Case progression is the process for ensuring that such case material and information is available, actions are taken, and directions complied with, at the right time; Case review is the continuous duty on the prosecutor to ensure compliance with the Code and other obligations, including disclosure.
Case management Case Progression The police and prosecutors have a joint responsibility to ensure: compliance with court directions or orders within the relevant timescales; shared action plans are kept under continuous review and managed proactively; escalation arrangements are used appropriately and consistently; consistent application of this Guidance.
Police officers have a specific responsibility to: comply with the National File Standard; provide any additional material or information requested on time; inform the prosecutor when any deadline is at risk of being missed.
Prosecutors have a specific responsibility to: identify any additional evidence or information likely to be required as early as possible; ensure that requests are both proportionate and necessary in all cases; provide the rationale for the request where it goes beyond mere NFS compliance ; ensure requests to the police are intimated promptly to allow maximum time for compliance.
Witness issues Custody Time Limits Case review Resolution of case issues and escalation Monitoring Effective date CPS charging decisions 2. Prosecutors will make charging decisions in all cases not allocated to the police. Determining whether a Guilty Plea may be anticipated 4. A guilty plea may be anticipated where the suspect: Has been interviewed and has made a clear and unambiguous admission to the offence and has offered no explanation that is capable of being used as a defence; or has not made a clear and unambiguous admission of guilt but has offered no explanation that is capable of being used as a defence and either i the commission of the offence and the identification of the offender can be wholly established by police witnesses, or ii there is clear visually recorded evidence of the offence being committed and of the suspect being the offender.
Has not been interviewed but either: the commission of the offence and the identification of the offender can be wholly established by police witnesses; or there is clear visually recorded evidence of the offence being committed and of the suspect being the offender.
Annex 2: Charging Referrals Principles 1. Evidential material statements of all of the key witnesses in the case key exhibits, including audio-visual material, medical, and forensic reports; court orders etc.
Key evidence includes the statements of: civilian witnesses whose evidence may have a bearing on the case to be proved; police Officers who have witnessed any aspect of the offence; expert witnesses 94 e. Where that occurs, if they merely replicate the account of a key witness in its entirety, such statements need not be provided and are non-key ; 95 but if they differ in a material respect, statements should be provided in respect of each such witness key. Key evidence may also include other material, such as audio-visual material e.
CCTV; body-worn video; calls; still photographs where it demonstrates the commission of the offence or has other evidential value; streamlined forensic reports; medical reports; other documents or forms e. The following approach should be taken to audio-visual material 97 where it is identified as key evidence: Audio-visual material can be made available to the CPS pre-charge If audio-visual material can be made available to the CPS at the pre-charge stage: the relevant extracts of the audio-visual material must be made available to the CPS; and an officer who has viewed the audio-visual material must provide a summary 98 of the recording including the counter times for the evidential sections.
Where a number of individuals are involved in an incident, this summary should identify them and explain their roles. Police officers and prosecutors should understand that: key evidence should invariably be available at the point of charge, except in cases where the Threshold Test is being applied; it may come from one source e.
The final decision as to what will be used or unused will be for the prosecutor; for the purpose of decision making charge or review , key evidence must always be considered alongside any other information that may have a bearing on the evidential or public interest test and, in particular, any unused material which may undermine the prosecution case or assist the defence.
Annex 4: Information Required for Charging Decision The request for a charging decision must be submitted through the digital interface between the police and CPS where available and used by the force, supported by the following information, where appropriate, in any form indicated in the National File Standard Annex 5 : The suspect s the main language spoken and any relevant dialect, if an interpreter is required; any indication that the suspect s has a mental health issue that may impact on the decision making or handling of the case; in respect of each, the date and time of their arrest; in respect of each, their status: custody, bail, or otherwise; the information in support of any remand application; any current or pending proceedings; any previous similar offending relevant to proof of the offence; any orders to be sought on conviction.
Outstanding evidence The following types of evidential material may not be immediately available for charging purposes: audio-visual bad character communications forensic identification medical Where such evidence or any other witness statements or exhibits are outstanding, the following information is required: the nature of the outstanding material; any target date by which it will be available; any issues that may affect its availability within that time frame or at all.
Further guidance is provided on each of the specific classes of evidence at Annex 7. Victims and witnesses whether any victim or witness has failed to engage with or support the investigation and has refused to provide a statement; will not support a prosecution; may not attend court for other reasons; and if so, their relevance to the case. Other considerations any matters of local or public interest; any other confidential information; any views of the investigating officer; any other issues on which the decision of the prosecutor is sought.
Code Test the reasons why both the evidential and public interest stages of the Full Code Test are met; or how each of the 5 conditions of the Threshold Test is met. Contact details name, location, e-mail and contact telephone number for the officer in the case. Note: relevant timescale must be confirmed by the prosecutor at the point of charge Annex 6: Case Types Where Early Advice is Recommended 1.
The provision of early advice is strongly recommended in the following specific case types: a death; rape or other serious sexual offences; modern Slavery and Human Trafficking including cases involving exploitation where charges under the Modern Slavery Act are under consideration e.
Depending on the issues in the following types of cases early advice may not be required but it is important that the relevant CPS Area or Casework Division is contacted to discuss referral arrangements, particularly if an immediate charging decision is needed and early advice was not obtained: vulnerable victims who may require the support of intermediaries; a significantly complex legal element; highly sensitive cases including Social Media cases that must be referred to CPS HQ; cases where witnesses are eligible for the special measure under Section 28 YJCEA , involving early visually recorded cross-examination in the Crown Court.
This guidance applies to audio-visual evidence which may include: audio recordings, such as a call to an emergency service provider; video recordings, such as CCTV, body worn video, or digital camera recordings; photographs or images, including those recovered from cameras or extracted from other digital devices or recordings.
Assessment 5. Charging 8. Audio-visual material can be made available to the CPS pre-charge If audio-visual material can be made available to the CPS at the pre-charge stage: the relevant extracts of the audio-visual material must be made available to the CPS; and an officer who has viewed the audio-visual material must provide a summary of the recording including the counter times for the evidential sections.
Audio-visual material cannot be made available to the CPS pre-charge If audio-visual material cannot be made available to the CPS as part of the charging referral process, the police must explain the reason why.
In exceptional circumstances it may be possible to proceed without viewing the actual evidence where a police witness who has viewed the material can provide a statement which: confirms whether the recorded material captures all or part of an incident; clearly identifies the relevant section of any audio-visual evidence by reference to start and finish points; describes who and what is seen, including the relevant actions of all relevant individuals; describes the evidential significance of the material including what, if any, aspects undermine the prosecution case or assist the defence; explains the basis upon which the suspect can be identified from the recording, including what clothing was worn; confirms whether the material was shown to the suspect in interview and any responserecorded or noted, if known; and confirms the quality of the recording including, where relevant, that the images displayed are of sufficient quality to clearly identify the suspect.
The prosecutor or police decision maker may then exercise judgement as to whether to proceed based on that statement, taking into account whether: it is consistent with other available evidence; together with other evidence, it provides a continuous account of the alleged offence; the account put forward by the suspect in interview may require further interpretation of the material.
Material for First Hearing BWV, mobile device ; who recovered it, and who will produce it; logistics: any issues in relation to viewing, sharing, or copying the material. Unused material Part 2: Bad character 1. Police officers have a specific responsibility to: identify information and material relevant to a bad character application; provide such material, including any additional material or information identified by the prosecutor, in sufficient time to ensure a bad character application can be made in a timely manner.
The prosecution have a specific responsibility to: identify any additional evidence or information likely to be required to support a bad character application, as early as possible; provide the rationale for the request; make fully reasoned, timely bad character applications in accordance with Part 21 of the Criminal Procedure Rules that satisfy the statutory requirements. Legal framework Bad character evidence of non-defendants is admissible if: it is important explanatory evidence; it has substantial probative value in relation to a matter which: is a matter in issue in the proceedings; and is of substantial importance in the context of the case as a whole; or all parties to the proceedings agree to the evidence being admissible.
Information and material requirements They should be aware, in general terms of: the opportunities presented by the examination of a device; the different levels of examination available; and The limitations and boundaries of any examination, including the implications of using one examination method over another if further work may be required in the future.
The police must also consider the further steps needed to review the extracted material including: using different search methodologies and parameters e. Charging Where the nature and extent of evidence is yet to be determined, the following information is required as part of the referral: the nature of the outstanding material; any target date by which it will be available; any issues that may affect its availability within that time frame or at all.
Post-charge Part 4: Forensic evidence Principles 1. The following further points should be noted in connection with SFRs: the information sent to the prosecutor should provide the relevant contextual information such as the location and position of the recovered evidence analysed and its significance. These should accompany the SFR. Controlled substances Case progression Part 5: Identification evidence Principles 1.
Identification evidence may include the following: recognition by a witness who knows the suspect; a witness who recognises the suspect as someone they remember seeing before, but do not know their name; recognition of a suspect from video recorded evidence of an incident which captures an incident; identification of a suspect via social media; a description of a suspect which may include their height, build, age, ethnicity, facial features, distinctive marks including tattoos.
Assessment 4. Charging 7. Part A — A suspect disputes being the person identified by a witness 9. Evidential requirements Where the identification is based on recognition, the witness statement should include a detailed account of: how long the witness has known the suspect; how the witness knows the suspect e.
If a victim or witness identifies a suspect via a street identification , the referral must include the following at the stage at which the identity of the suspect was not known: details of the first description of the suspect; statements from the identifying witnesses and the officers dealing with the initial identification. Where photographs are shown to identification witnesses at the stage at which the identity of the suspect is not known, the referral must include the following: a record of the showing of the photographs to identification witnesses including anything said by the witness about any identification; statements from the officers who conducted the procedure, detailing their rationale for adopting the procedure; how the photographs were selected and what was said to the identification witnesses before; during and after the procedure.
Identification procedure The referral must include the following: A copy of the relevant image; A copy of the visual recording from which the still image was made; Where appropriate it must also include: statements from police officers who are not eye-witnesses viewing the image for the purposes of recognising the offender; and a copy of any record on which such a statement is based; details of the extent to which any image s have been shown to the public through national and local media.
Undermining material Disclosure Part 6: Medical evidence Principles 1. Medical evidence can be vital in establishing: an essential element of an offence the extent of injuries corroboration of an allegation 2.
Is medical evidence required? Timing of obtaining medical evidence Victim consent The victim may: decline consent if he or she so wishes, and undue pressure should not be brought to bear; give informed consent, allowing the police access to their medical records or request a medical report and serve the records or report as additional evidence or unused material, as appropriate; give qualified consent, allowing the medical report to be disclosed to the police and prosecutor but not to the defence.
Part 7: Proceeds of Crime — restraint, confiscation and enforcement Principles 1. A key part of the CPS strategy is to remove the proceeds of crime from offenders 2. Potential restraint cases should be referred to CPS POC as soon as the issue arises and without waiting for an early prosecution advice or charging file; considering whether non-conviction based asset recovery options may be more appropriate in a given case such as forfeiture of a bank or building society account or listed asset s , cash forfeiture or civil recovery.
This should include contact details for the relevant Financial Investigation Unit. Prosecutors are responsible for considering asset recovery in every case in which a suspect has benefitted from criminal conduct whether by the obtaining property or a financial advantage and advise that a financial investigation be considered; where restraint of assets may be required the case should be referred to CPS POC regardless of how serious of complex the case is, as soon as the issue arises and without waiting for an early prosecution advice or charging file.
Restraint may be sought at any time after an investigation starts, including after conviction; selecting charges that comply with paragraph 6. Out-of-court disposals When considering out-of -court disposals, prosecutors should include consideration of non-conviction based asset recovery powers.
These include: provision for payment of compensation or restitution being made to victims in out of court disposals; cash, money in a bank or building society account, or listed asset seizure and forfeiture which needs to be referred to a law enforcement authority. The police should be advised to contact a police financial investigator for advice. CPS cannot remove a child from the home without a court order. The court may deny the petition, including the request for removal.
Factors Considered Prior to Requesting Removal. Prior to making the decision to request that the court order removal of a child, the following is assessed:. MCL The MDHHS must also file a petition for termination of parental rights if the parent's rights to another child were terminated in Michigan or another state and there is current cases with a finding of a preponderance of evidence of abuse or neglect.
Previous termination of parental rights includes situations in which:. It is important to remember that MDHHS files termination petitions as required by law, but the court determines if there is grounds for termination of parental rights. Tweets by MichiganHHS. Browsers that can not handle javascript will not be able to access some features of this site.
Some functions of this site are disabled for browsers blocking jQuery. A CPS investigation must begin within 24 hours and usually includes: Face-to-face interviews with the alleged child victim s , the child's caretaker s , the alleged perpetrator s. Reviewing any necessary documents, such as police reports, criminal history, medical reports, school reports, CPS case file, etc.
Interviewing neighbors, friends, relatives or professionals that have had contact with the family. Are there alternative explanations to the allegations? What are the family dynamics and family circumstances? Is there corroborating evidence? For example, witness statements, findings during a home visit, etc.
Is there more than one injury at different stages of healing? What is the condition of the home? For example, cleanliness, safety hazards, etc. What is the condition of the child? For example, appropriately dressed, cleanliness, etc.
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