POL00048488 - Instructions to Counsel to Settle Indictment - Josephine Hamilton

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POL00048488
POL00048488

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PLEA AND CASE MANAGEMENT HEARING - 12™ MARCH 2007

THE QUEEN
v

JOSEPHINE HAMILTON

INSTRUCTIONS TO COUNSEL TO SETTLE INDICTMENT
AND ADVISE ON EVIDENCE AND BRIEF FOR THE PROSECUTION

COUNSEL will receive herewitn:-

1 Draft indictment.

2 Copy List of Witnesses and copy Witness Statements.
3 Copy List of Exhibits and copy Exhibits,

4 Copy Form 148

5 Copy Summary of Facts and enclosures,(s-)

6 Copy Cash On Hand Reports.

7 Copy Cash Accounts,

a Copy Trading Statements.

9 Copy Call Logs.

10 Copy Report of Investigation Officer - 11” August 2006 and 17" May 2008.
ah) Copy Schedule of Charges.

12 Copy Antecedents.

OBSERVATIONS

‘The Defendant is a former Subpostmistress aged 49 born on the” GRO I The charges concem the

theft of monies from Post Office which came to light following an audit of the Office on the 9” March 2008.

A description of the case against the Defendant is set out in the Summary of Facts to which Counsel is

referred. Further details of the enquiry are contained in the Investigation Officer's report.

The Defendant was summoned for the offences set out on the Schedule of Charges and appeared at

Aldershot Magistrates Court on 6” December 2006.

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On that date no indication was given as to plea. The Magistrates declined jurisdiction and the case was
adjourned until the 31* January 2007 for committal, due to issues at the Court the case was taken out of

the list and re-listed for the 7" February 2007.

On that date the Defendant was committed for trial under Section 6(2) of the Magistrates Courts Act 1980,

to a Plea and Case Management Hearing on the 12" March 2007.

No request was made for the attendance of witnesses.

A Not Guilty plea is anticipated

Your Instructing Solicitor has drafted an Indictment based on the schedule of charges.
Counsel is requested to settle the Indictment which is due to be lodged by the 6” March 2007.

I Counsel is requested to advise on evidence, and, in particular, whether he considers any additional

I

I evidence is required. Your Instructing Solicitor has requested that the cash accounts be produced as
Notice of Additional Evidence which will be served in due course, specimens are available within the

Advance Disclosure.

Will Counsel please appear on behalf of the Prosecution at the Plea and Case Management Hearing of this
matter on 12” March 2007 at Winchester Crown Court and at all future hearings. Counsel will be instructed

at the hearings by a member of this Office.

In the event of a conviction Counsel is requested to seek an order for compensation in a sum to be notified
in due course. Counsel is also asked to seek an order for the Defendant to pay a contribution towards the
costs af the Prosecution in a sum to be notified to Counsel at Court. [These costs should include costs of
investigation which have been notified to the Defence in accordance with the Court of Appeal decision in

Regina v Associated Octel Lid [1997] 1 CR.APP.R.(S) 435]

The Officer in the case has been asked to arrange for Antecedents to be produced, and to supply dates to

avoid for the relevant witnesses.

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POL00048488
POL00048488
POL00048488
POL00048488

The prosecution prefers to be represented at all Crown Court hearings so Counsel is requested not to
agree fo the excusal of prosecution attendance If this arises, unless criticism or embarrassment might arise

from such a course.

if Coursel requires any further information or would wish to have a conference in this case could he please

contact his Instructing Solicitor.

Ms J A McFarlane (Principal Laywer)

Ms J S Andrews:

; any
DATED this { day of February 2007

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