20.1. The following are signatories to the protocol:
Date of agreement: ……….... 17 October 2013
Senior Presiding Judge for England and Wales
Lord Justice Gross………...
President of the Family Division
The Rt. Hon Sir James Munby………..
Director of Public Prosecutions, Crown Prosecution Service
Keir Starmer QC………..
The following support the protocol:
Association of Chief Police Officers, Association of Directors of Children Services, Association of Independent Local
Safeguarding Children Board Chairs, Department for Education, HM Courts & Tribunals Service, Local Government Association, Welsh Government.
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Annexes
Annex A - Details of single points of contact within police
forces
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Annex B - Details of single points of contact within local
authority legal departments
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Annex C - Protection of children: request for disclosure of material
1. The Police are conducting a criminal investigation into allegations made against the following individuals:- NAME:
ADDRESS:
DATE OF
BIRTH:
2. The circumstances of the allegations are as follows:
(Attach case summary, key witness statements, expert reports as appropriate)
3. Details of child/ children involved in the allegations Name Address
Date of Birth Relationship to
offender (s)
Victim or
witness Social worker School(s)
attended (with dates)
4. I believe that your Authority may hold the following material relating to the alleged offender(s) or the above child/
children which may be relevant to my investigation.
[Describe material in precise detail, specify relevant time periods, relevant addresses, schools attended etc]
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Any material obtained by us will be treated as sensitive and dealt with in accordance with Criminal Procedure and Investigations Act 1996. In accordance with paragraph 3.5 Code of Practice CPIA, we are under a duty to pursue all reasonable lines of inquiry, whether these point towards or away from the suspect. Such lines of enquiry include seeking access to the above material which you may hold. Our investigation might be prejudiced or delayed if we are not allowed access to the material.
In accordance with the … Area Protocol re exchange of information in child abuse cases, we would ask that arrangements are made for us to examine the above material. Any material relating to Family Court Proceedings must not be made available except with consent of the court or in accordance with Family Procedure Rules 2010
5. In the circumstances of this investigation, it is important that arrangements are made for us to examine the material by:
[Date]
Stage reached in investigation:
Please select
Date of next Court hearing:
Contact details for CPS prosecutor:
Officer: Police Station:
Date:
Tel: Fax:
Secure Email:
Is officer serving in child protection unit or paedophile unit?:
Please select
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Annex D – Standard request form for disclosure of police information
STANDARD REQUEST FORM FOR DISCLOSURE OF POLICE INFORMATION
INCORPORATING POLICE REPLY
[This form should be completed in accordance with the agreed protocol]
Police information will not be disclosed unless there are important
considerations of public interest to justify departure from the general rule of confidentiality. These considerations include the protection of vulnerable members of society. The information below is provided on the strict
understanding that such information is only for the current proceedings. It will be treated as confidential and will not be used for any other purpose.
REQUEST FOR INFORMATION
Person Requesting Information
Name:
Job Title:
Telephone Number:
Secure Email:
Date of Request Case Proceeding
at:
(if underway)
Please select
Case No:
Name of all parties to proceedings and legal
representatives:
Next hearing date:
Expert reports to be
prepared by:
Advance notice of family proceedings and any request [for information][to indicate availability of] information should be made as soon as possible and at
least 10 working days before the relevant directions hearing date Date Information is
required by:
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Information should be received at least 5 clear working days before the hearing date
Purpose of the
INFORMATION REQUESTED ABOUT THE FOLLOWING PERSON(S):
1. NAME (Alleged
4. BRIEF DETAILS (INCLUDING DATE AND PLACE) OF THE
CIRCUMSTANCES OF THE INCIDENT(S) IN RESPECT OF WHICH FAMILY PROCEEDINGS ARE BEING TAKEN /CONTEMPLATED:
4. CRIME REFERENCE
NUMBER
5. NAME & COLLAR
28 NUMBER OF
OFFICER(S)
6. BRIEF DETAILS (INCLUDING DATE AND PLACE) OF THE SPECIFIC INCIDENT(S) UPON WHICH INFORMATION IS SOUGHT:
7. NATURE OF THE DOCUMENTS, RECORDS OR OTHER EVIDENTIAL MATERIAL REQUESTED AND ITS RELEVANCE TO THE CIVIL/FAMILY PROCEEDINGS NOTED ABOVE: (List documents with as much
particularity as possible e.g. father’s interview, mother’s statement, sister’s video interview, etc) Police to mark each one that is available now and complete section 19 below for those that are not.
Disclosure Available?
(Police to co mpl ete for eac h)
8. AN INDICATION OF THE PROPOSED DIRECTIONS FOR DISCLOSURE LIKELY TO BE MADE (INCLUDING THE DATE BY WHICH ACTUAL
DOCUMENTS WILL BE REQUIRED): (list directions or attach draft order for directions)
9. WHETHER AND IF SO WHAT DATE HAS BE FIXED FOR ANY
Please select AND WHETHER THE OFFICER(S) INVOLVED IS LIKELY TO BE REQUIRED TO GIVE EVIDENCE AND Please select , Please select, OFFICER(S) Please select.
NAME OF PERSON MAKING
REQUEST:
ON BEHALF OF:
(NAME OF
PARTY/ORGANISATION ETC)
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Annex E – Protection of children: notice to local authority from prosecutor that material satisfies CPIA disclosure test
PROTECTION OF CHILDREN:
NOTICE TO LOCAL AUTHORITY FROM PROSECUTOR THAT MATERIAL SATISFIES CPIA DISCLOSURE TEST
You will be aware that the police have recently examined material held by your Authority in the following proceedings:-
NAME DATE OF
BIRTH
Lead Defendant
Lead Child victim
I have received the material in accordance with Criminal Procedure and Investigations Act 1996. Please note that in accordance with Section 3 CPIA, the following material falls for disclosure to the defence
because it is capable of undermining the prosecution case or assisting the case for the accused.
Document Reference
Description Reason why
disclosable I would be grateful if you would indicate in respect of each item listed above
whether a) you have no objections to disclosure, b) you have no objections to disclosure subject to appropriate editing, c) you object to disclosure (in which case I will not make disclosure subject to any Court order).
I would be grateful if you could reply by
Prosecutor: Name:
Telephone:
Fax:
30
Secure Email:
Date:
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Annex F – Protection of children notice from local authority:
representations on disclosure
PROTECTION OF CHILDREN
NOTICE TO PROSECUTOR FROM LOCAL AUTHORITY:
REPRESENTATIONS ON DISCLOSURE
I thank you for your notice dated indicating that certain Local Authority material satisfies the test for disclosure in Section 3 CPIA.
I have the following representation in respect of proposed disclosure to the defence.
(Indicate in respect of each item a) that disclosure is agreed b) that disclosure is agreed subject to editing (specify where appropriate) c) that disclosure is not agreed, with reasons e.g.
absence of consent from person to whom document relates) a) Disclosure is agreed
Item Comment
b) Disclosure is agreed subject to editing
Item Comment
c) Disclosure is not agreed
Item Comment
Representative of Local Authority:
Choose Local Authority
Name:
Telephone:
Fax:
Secure Email:
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Annex G – Video- taped evidence of a child witness confidentiality undertaking
UPON { Solicitor } ……….. undertaking
1 Not to cause or permit any further copies to be made of the tapes*
2 To keep the tapes in a locked, secure container when not in use or in transit 3 To use his/her best endeavours to ensure that the tapes are kept within the personal custody of a single adult when in transit and not to deliver the tape to the Post Office or any commercial carrier
4 To release the tapes only to:
(1) Counsel instructed in the case
(2) any expert authorised by the court to prepare a report for use by the court (3) any other person only with the leave of the court
5 To require any person to whom the tape is released to sign a form of undertaking in the same terms as this undertaking.
6 To use his/her best endeavours to obtain the return of the tapes to his/her personal possession within 28 days of its release to any person
7 To permit his/her client to view the tapes only at his/her professional premises and in his/her presence
8 To permit other parties to the proceedings to view the tapes in the presence of that party’s legal advisor at the professional premises of one of the parties’ legal advisor
9 To return the tapes to the police, or arrange for the secure and confidential destruction thereof, forthwith upon his/her ceasing to be instructed in this matter and in any event on closure of the case
10 To keep a written record of the name of any person allowed access to the tapes and the date of such access
*except for those listed in clause 5
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Schedule of persons that have viewed the tapes in accordance with this undertaking Description of
tape (inc id-number)
By whom In presence of (where relevant)
Date seen /released
Date returned
Under-taking given
Signed: Date: ………..
Taped returned to custody of the police/ securely destroyed on ………
Signed: ……… Date: ………..
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Annex H – Disclosure direction to police
In the Court No:
Sitting at [Place]
The Children Act 1989
The Protocol concerning the disclosure of information in cases of alleged child abuse and linked criminal and care directions hearings dated [dd/mm] 2013 (“The Protocol”)
The Marriage/Civil Partnership/Relationship/Family of XX and YY The Children AA (a boy/girl born on dd/mm/yyyy)
BB (a boy/girl born on dd/mm/yyyy) CC (a boy/girl born on dd/mm/yyyy) Adapt as appropriate
After hearing [name the advocate(s) who appeared]….
After consideration of the documents lodged by the Parties
ORDER MADE BY [NAME OF JUDGE] ON [DATE] SITTING IN OPEN COURT/PRIVATE
The Parties
1. The applicant is XX (“The Local Authority”) The respondent is YY
The second respondent is ZZ
Specify if any party acts by a litigation friend
The third respondent is AA (acting by his/her guardian FF) The third respondent is BB (acting by his/her guardian FF)
The fourth respondent is CC (acting by his/her guardian FF) Delete or Adapt as appropriate
Recitals
2. This is an order for information to be provided to this court by the [name of police force].
3. The reason that this request for information is made is [specify].
4. This order was made at a hearing [without notice]/[on short informal notice] to the [name of police force]. The reason why the order was made [without notice]/[on short informal notice] to the [name of police force] was [set out].
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The [name of police force] has the right to apply to the court to vary or discharge the order – see “The right to seek variation or discharge of this order” below
IT IS ORDERED (BY CONSENT):
5. The [Commissioner of the Metropolitan Police] / [Chief Constable of [name]
Police] shall by 16:00 on [date no sooner than 28 days from the date of the order] disclose to the Local Authority the following information:
The following are examples:
(a) Copies of police call out records and logs relating to [ ], date of birth [ ], and [ ], date of birth [ ], at [address(es)] between the dates of [ ] and [ ].
(b) Evidence relating to the allegations made by [ ] against [ ], date of birth [ ], of [address] including all statements made and photographs taken in connection with the allegations.
(c) A copy of any video-taped interview of [ ], date of birth [ ], on [date]
together with a copy of any transcript available of that interview when completed.
(d) A copy of any audio-taped interview of [ ], date of birth [ ], on [date]
together with a copy of any transcript available of that interview when completed.
6. The Local Authority [or other named party] shall serve a copy of this order on [specify the relevant police officer] together with a letter setting out in respect of the solicitors representing each party the full name of the firm, the full postal address, and the reference at that firm dealing with the matter giving his/her email address and direct telephone number.
7. The Local Authority [or other named party] shall file with this court and serve on the other parties the above evidence by 16:00 on [date].
8. The information when supplied may be used only for the purposes of these proceedings and must not be disclosed to any third party without the express permission of this court.
The right to seek variation or discharge of this order
9. (Where the order was made on no, or short, notice) The [Commissioner of the Metropolitan Police] / [Chief Constable of [name] Police] may apply for discharge or variation of this order, upon giving two clear business days’
notice of the hearing to the parties, by 16:00 on [date no later than 14 days from date of the order].
Dated
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