Protocol Governing National Minimum Standard of Offender Information to be provided by Prosecutors

This protocol takes effect on 1 August 2004 and introduces a national minimum standard of offender information to accompany the laying of information or the issuing of summons through the Magistrates' Courts. The protocol has been developed following discussions with the main prosecuting agencies and will apply in all cases where Magistrates' Courts Committees (MCCs) are required to take enforcement action.

One of the main reasons highlighted by MCCs for the difficulties they often experience in enforcing financial impositions (fines, costs, compensation and confiscation) is, at times, the incomplete upfront information they get from prosecutors.

From 1 August 2004 information/summonses must include as a minimum:

• a full name;
• full address including post code;
• a date of birth; and
• wherever possible, a national insurance number.

We consider that there are compelling reasons why these details are key to a successful prosecution:

• the first surrounds the wasted time and costs (for the prosecuting authority and court) of issuing a summons which will undoubtedly fail because the upfront information is inadequate or incorrect.
• secondly, future legislation (Part 4 of the Criminal Justice Act 2003) will govern the new process that will replace summonses. What those new rules will say has yet to be finalised but they may well require the provision of dates of birth and NI numbers.

For the reasons that have already been discussed with those affected (for example, IT system constraints) we know that some prosecutors will not be able to do this in every case and will need to develop their processes and systems to enable the collection and provision of the information required. We will work closely with those organisations, to address this as quickly as possible. JCEs have been advised that summonses should not automatically be refused solely on the basis that the information set out in the Protocol cannot be provided. Ultimately, however, any final decision is a matter for the Bench.

There is nothing preventing prosecutors from adding these details to the form of information scheduled to the Magistrates' Courts (Forms) Rules 1981. Rule 2(1) of those rules allows that without the need to change that rule and nothing in the Magistrates' Courts Act 1980 or the Magistrates' Courts Rules 1981 prohibits it. Alternatively, prosecutors may continue to use their own IT generated summons/information sheets subject to the necessary amendments to cover the additional information.

To test the effectiveness of the additional information provided to the courts under this Protocol, we will carry out quarterly evaluations.

Any enquiries on this protocol should be directed to Joyce Stewart on 020 7210 0446 or Phil Greasley on 020 7210 0432.

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