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Message
From: Laura Pinkney i GRO q
Sent: 29/10/2014 11:36:03
To: Parsons, Andre\ GRO }
cc: Tom Wechsler Belinda Crowe! Simon Clarke
L GR
Subject: RE: Prosecution Docs [BD-4A.FID20472253]
Attachments: image004.gif; image00S jpg; image006.jpg; image007.jpg
Hi Andy
Just a few clarifications:
Pre-Court
Interview transcripts are not disclosable at this stage. Defendants are entitled to copies of the
recording but not to transcripts/summaries. The prosecution file would contain a transcript/full
summary.
The examples in reference to ‘remaining investigation material’ would be privileged. In addition, the
following would not be disclosable as either privileged or sensitive material: anything which
indicates the investigative process adopted by POL, information sources, internal POL security
personnel files, internal correspondence between investigators lawyers and security, audit processes
and process documents (reasoning behind prosecution decisions).
Start of Court Proceedings
The SPMR is not sent anything other than the summons before the hearing. The Advanced Disclosure
is provided at the first hearing. This usually contains a case summary, transcript/summary of
interview and key witness statements/ exhibits. As you say, if the case proceeds to a trial or to the
Crown Court a full (paginated) bundle of evidence will need to be prepared.
End of Court Proceedings
Transcripts are very rarely obtained. The most common reason for obtaining a transcript would be
for an appeal and then it is likely to be limited to only the parts of evidence/judgment relevant to any
appeal.
Ihave discussed the matter with Simon and his concern is that if any contents of the prosecution file
is given to SS, SS will be encouraged to second guess the foundation on which the conviction was
founded which would be out of the scope of the mediation scheme and will also give rise to the
potential dangers of appeal risks which we recently identified.
I think it would be beneficial for you to discuss this further with Simon, he is due back into the office
at around 12.30pm today.
I trust this assists.
Kind regards
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Laura
Laura Pinkney
CartwrightKing
meer SOLICITORS —
Birmingham I Derby I Leeds I LeicesterI London I Milton Keynes I Nottingham I Sheffield I Tyneside
www.cartwrightking.co.uk
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From: Parsons, Andrew [mailt«
Sent: 29 October 2014 10:42
To: Belinda Crowe
Cc: Tom Wechsler
Subject: Prosecution Docs [BD-4A.FID20472253]
"3 Laura Pinkney
Belinda
I've spoken to Laura at CK about what documents we should expect to see in a prosecution / prosecution file. Below is a
short summary of the documents that may exist.
Laura — if I've got any of this wrong, please say!
Pre-Court proceedings
e Disclosable material will probably be limited to interview transcripts.
e The remaining investigation material (eg. internal reports, investigation notes; advices on charging, etc.) are likely
to be privileged.
e As always however there is a degree of grey in what is privileged and what is not.
Start of Court proceedings:
e The SPMR will be sent a Summons setting out the Charges against them -— this will contain little detail of the
factual background.
e Before the first Court hearing, the SPMR will be sent a short case summary, a summary of any interviews or
interview transcripts and maybe but not usually some basic witness statements. This information is to show that
there is a "case to answer" and is relatively limited in scope.
e Atthe first hearing, the SPMR can plead guilty in which case no further documentation will be produced /
disclosed (see below).
e Ifthe SPMR pleads not guilty then a full Court process will follow. More detailed documents and statement may
be produced but this is entirely dependent on the nature of the case and how far the case progresses.
End of Court proceedings:
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e No written judgments are given (either where the SPMR pleads guilty or where there is a full trial and the SPMR is
found guilty) — orders and judgments are given verbally.
e Itis usually possible to obtain a transcript of any verbal decision of the Court but this is not always done and so
we may not have a transcript in any given case.
e If there is a confiscation order, this will be in writing.
In summary, my view is that in cases where Applicants’ plead guilty at an early stage, the only relevant and disclosable
documents will likely be interview transcripts (which is pretty much what we've been providing to SS already). There may
also be some case summaries and Summonses setting out the charges but they will not go into the detailed background
and so won't really assist SS' review.
Happy to discuss how we convert this into a message to Tony / SS about what they should expect to receive from POL's
prosecution files.
Kind regards
Andy
Andrew Parsons
Managing Associate
for and on behalf of Bond Dickinson LLP
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www.bonddickinson.com
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