The Case Plan

In cases where the evidence from the investigation is sufficient to prosecute, the assigned prosecutor will need to manage the case, and prepare for court. Having assessed the evidence, it is helpful to build a case plan, based on the review, by documenting the analysis of the case involved in concluding the review in the form of a strategic document. This gives a position from which to respond to any changes in the situation. Such changes may include the gathering of further evidence, which may help the prosecution case, or help the defense case. Changes may be caused by the willingness of witnesses to attend court and give evidence, the

discovery of new witnesses and so on. A case plan provides a point of reference for responses to developments, and allows the prosecutor to be strategic in dealing with them.

A useful structure for a case plan is as follows:

A. An analysis of the charges and the evidence that supports them

This should include the prosecutor addressing each individual element of the charge, and linking it to the evidence that is relied on to prove it. As an example, the offence of Theft contrary to Article 480 of the PC would be drafted as follows:

The Accused, for the purpose of wrongful gain for himself or another, took movable property of another by depriving him of the possession thereof.

The elements of the offence are:

1. Taking movable property belonging to another.

2. For the purpose of “wrongful gain” for himself or another. 3. Depriving the owner of that property.

Each of the three elements of the offence must be established to the standard of the burden of proof.21 _{If the}

elements of the offence are not proved to the necessary standard, then the charge will not be proved and the accused will not be convicted of the offence of theft.

In drafting a case plan, the prosecutor demonstrates the basis upon which the evidence reviewed proves each of those elements. This process will be applied to each charge, with the evidence proving the elements of offence linked to them. When there are a number of witnesses to the same offence(s) the prosecutor will need to assess the consistency of the evidence that they give – if the evidence is contradictory it will not be capable of proving the case.

B. Develop a strategy to present the prosecution.

If there is one allegation, case presentation will be straightforward. In the case of the theft above, the strategy may be to prove each element in turn through calling the witness(es), which may only require the evidence of the alleged victim of the theft to give sufficient evidence to the court. If there are a number of offences, or a number of defendants, the strategy may need to be more sophisticated. The prosecutor will be required to plan how each element of each offence is to be proved against each defendant for each charge they are respectively accused of.

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C. Identify potential defenses and how to rebut them.

By making the decision to prosecute, the prosecutor will have considered the strengths and weaknesses of the case against the accused, and what defenses could be used to argue against the allegation(s). These defenses can be defined in the case plan, and the arguments against them prepared. Careful consideration needs to be given to defenses that question the integrity of prosecution evidence and how it was obtained. Attention may be required to comply with the provisions governing the arrest of the accused under Articles 28-45 of the

CPC, the statutory requirements for search and seizure in compliance with Articles 52-58 of the CPC, or any

other technical requirement of the investigation and prosecution process, such as those referred to in Article

105 of the CPC.

D. Create a timetable for work to be done.

The prosecutor can begin working on what needs to be done to make the case trial ready. This will include making sure that any requests for further information from the police are acted on, that the duties that the prosecution has to the court and defense are complied with, and that the evidence that is relied on to prove the case, including the availability of witnesses, is organized for court in good time.

E. Update the case plan to include any change in circumstances or new material in the case.

The case plan can be used to respond to changes in information concerning the main issues in the case. The prosecutor should update the review of the case as the situation is assessed to have changed, so that the plan is up to date, and any decisions on whether or how to continue the prosecution can be taken at the right time. Circumstances can change, and new information on a case can change its direction. In this regard case review is an ongoing process that is usefully documented in a case plan. Accordingly, any update in information, change in review position, alteration of the prosecution case or the specific charges against the accused, or any other fundamental shift in the case, must be subject to a full and accurate record on the case file – specifying what the change is, how this affects the progress of the case, what the law requires, how this is to be dealt with and how the case will proceed as a result.

In instances when the prosecutor has taken the decision at review to return a file to the police for further investigation under the provisions of Article 70(1)(b)(i) of the CPC there is a clear need for the prosecutor to manage communication with the investigating officers, and to ensure that the further enquiries requested are performed. When this is ongoing it is important that a robust work plan, with agreed deadlines for responses to requests, exists between the prosecutor and investigators.