Checking CPPS Breach/Application Files

This topic outlines the procedures to check the CPPS breach/application files prior to attending the list court.

File cover sheets

Prosecution files must have cover sheets held in the inside front cover. The cover sheet works as a checklist, indicating what information is contained within the prosecution file.

The cover sheet should be completed by the probation officer preparing the breach or application file for prosecution.

The information on the cover sheet should indicate whether the following documents are included in the file:

Breach files:

combined criminal and traffic history
fines summary
summary of facts (SOF) (signed and dated) plus additional copies
information (informant's copy)
copy of warrant letter to police (particularly for home detention)
date warrant granted
summons, SOF, information sheet for CPPS breaches and criminal history list, served (yes/no and date)
copy of warrant and accompanying affidavit (if sought).

Application files:

combined criminal and traffic history
fines summary
application (plus additional copies)
proof of service, or
copy of warrant and accompanying affidavit (if sought)
date warrant granted, and
copy of warrant letter to police (where necessary).

Disclosure

The following information will have been disclosed to the offender when serving the summons:

summary of facts
information sheet for CPPS breaches
criminal history list.

If a summons was never served and the offender is picked up on a warrant to arrest the extra breach information must be provided to the offender or the offender's counsel in court.

Court servicing staff should make this information available in court to be given to the offender or the offender's counsel upon request.

Previous appearances

If the matter has previously appeared before the court, note its progression through court to date on the file cover.

If follow-up action was required from the previous hearing, ensure that the relevant information is available for the court.

Summons and warrants to arrest

Verify that the summons/application has been served or whether a warrant is sought in lieu of summons.

If a warrant in lieu is sought, ensure there is an affidavit in support of an application that clearly outlines why the summons could not be served on the offender.

If there is no affidavit, request the matter be enlarged and contact the supervising probation officer to have one completed.

Note: It is likely that the matter could be enlarged to another hearing date unless the probation officer can have it completed that day.

An affidavit is necessary as the front court person may not be the person who has knowledge of the situation (e.g. undertook home visits).

Checking breach or application files

Follow the steps below to check the details:

on the 'information' and summary of facts for breach matters, and
of CPPS application files for application matters.

Step

Action

If you check...

then...

breach files

check that the charge, as outlined on the information, is consistent with the matters outlined in the summary of facts (i.e. dates, times, etc.), and
ensure the wording of the charge on the information is appropriate and follows the wording in the legislation.

Note: If this is not the case, note if leave to amend the information will be required.

application files

check that the information outlined in the affidavit is generally consistent with the matters outlined in the IOMS case notes (i.e. dates, times, etc.)

If you check...	then ensure that...
breach files	four copies of the summary of facts are on the file.
application files	four copies of the application are on file.

If you check...	then ensure that...
breach files	the court record number(s) on the information matches the number(s) outlined in the court list.
application files	the court record number(s) on the application match the number(s) outlined in the court list.

Ensure there is a recent previous convictions list located on the file. It must be no more than one month old.

If you check...	then check that...
breach files	the sentence subject to the breach action is evident on the list. Note: A sentence of community work (CW) imposed for the non-payment of fines will not be recorded on the offender's criminal and traffic history.
application files	the sentence(s) subject to the application is evident on the court list.

If the offender remains subject to a sentence, print the on-strength information in IOMS.

If no on-strength information is recorded, contact the supervising probation officer and/or community work centre to check

the progress of the offender on the sentence/order, including:
- failures to report, and
- hours completed
if the offender had any attendance or contact with the supervising probation officer since the breach was laid
what type of outcome the supervising probation officer seeks
if any current sentences may need to be cancelled, and
in the case of CW, how many sentenced hours are available to the defendant (400 hours is the maximum).

Note: Ensure that any additional information recorded on the file is dated.

For offenders appearing on parole, check IOMS or with the supervising probation officer regarding the status of any pending recall action.

Order the information on the file in a manner that will be useful when prosecuting the case in court, i.e.

summary of facts
criminal and traffic history, and
on-strength information.

Be prepared to answer any questions from the judge about bail conditions. It may be appropriate for CPPS to request bail conditions in relation to the offender's:

residence
reporting requirements
residential curfew
non association orders, and
instruction to report (ITR) for pre-sentence report (PSR) interview.

Reference: For more information, go to District Court Bail Hearings.

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