Information to lay before the court
If the offender pleads “not guilty” to the breach charge, the following information should be ready to be laid before the court in order to prosecute and prove the charge:
- the original community work (CW) order, signed as certified
- proof of identity that the person sentenced is the person charged – this is usually evidence given orally and may involve calling the court registrar who served the order on the offender after sentencing
- if the offender made initial reporting, evidence that the offender was:
- inducted as required
- identified as the person stated on the order by staff (usually evidence given orally)
- instructed regarding the requirements of the order, and
- issued with a (written or verbal) direction to report (as required for the order)
- all relevant evidence to support that the offender failed to comply with the requirements of the sentence, and
- if required, evidence of the appropriate delegations of staff to:
- administer the order, and
- lay breach charge.
Full disclosure
If the offender pleads not guilty to the breach then CPPS must disclose the following information (if available) to the offender:
- any information laid before the court
- statements made by any prosecution witnesses
- brief of evidence
- the name of any person interviewed by the prosecutor
- a written account any interviews with the offender
- any statement made to the prosecutor
- any convictions of a prosecution witness that are known to the prosecutor and that may affect the credibility of that witness
- a list of exhibits
- any information supplied to the prosecutor.
Note: Full disclosure must occur as soon as reasonably practicable after the defendant has pleaded not guilty. Full disclosure is not required if the offender enters a guilty plea.
The legislation contains more information and must be consulted before disclosure takes place.
Legislative reference: Criminal Disclosure Act 2008.
What not to disclose
Information that may be withheld from disclosure by the prosecutor includes (but is not limited to):
- information compiled by the probation officer to assist them at the hearing such as notes on cross examination
- communication between the probation officer and other staff or the crown solicitor.
Legislative reference: Criminal Disclosure Act 2008.
Inform service manager
The information should be made available to the service manager in consultation with the court servicing teams.
Calling witnesses
Witnesses giving evidence must appear at the hearing. A brief of evidence should be prepared for each witness.
Provide evidence of absence
Evidence of the absence and/or reporting instructions needs to be provided by the probation officer/senior community work supervisor when appearing as a witness in a breach hearing where the breach is a result of a failure to report.
