Enhanced Family Court Police Disclosure Protocol for 2024
The 2024 Family Court Police Disclosure Protocol addresses key issues identified in the 2013 protocol, emphasizing timely and proportionate requests for material. Changes include a new checklist for the judiciary, guidance notes, and revised processes for litigants in person. The protocol provides clarity on managing digital evidence, post-charge investigations, and cases involving indecent images, aiming for a more unified and effective approach.
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2024 Family Court Police Disclosure Protocol
KEY ISSUES IDENTIFIED The 2013 Protocol is considered not fit for purpose. There was not sufficient stakeholder engagement in the drafting of the 2013 Protocol. Regional amendments had been made to the protocol and there was no unified approach. Requests for information are often voluminous, wide reaching and deadlines are unreasonable. No clear guidance on managing digital evidence, post-charge investigations, cases involving indecent images. Concerns around providing disclosure to unrepresented parties.
KEY CHANGES Promote timely, focused and proportionate requests for material and responses New checklist for Judiciary New guidance notes In private law proceedings, representatives must complete the Annex 1 when instructed to do so by the court. All Annex 1 applications must be submitted to police with a copy of the Annex 5/Annex H. Litigants in person no longer have a right to access information using the protocol and must ask the court to make an order using the template at Annex 5/Annex H.
2024 Protocol Focus on pages 1 5 List of Annex documents Aim and objectives Section 1.2 local authority to consider information held by their client Section 1.4 - timeframe Section 1.6 private proceedings Section 1.8 Crown Prosecution Service Section 1.9 litigant in person
Key Documents Annex 1 Application for Police Material Annex 2 Guidance for Private Law Annex 3 Guidance for Local Authority Annex 4 Checklist for Judiciary Annex 5 Court Order application (Not currently used as awaiting authorised Annex 5b. Still complete Annex H) Annex 6 NPCC Third party application made by the police for material
Annex 1 The form to be used for applications for police material by local authorities and solicitors Contemplated v ongoing proceedings Fact finding hearing date close case Estimated timeframes Section 2 applicant to highlight confidential addresses Section 3 used to allow the police to determine what information would be considered relevant and necessary
Requested information Section 4 - Police National Computer (PNC) this report will detail any convictions/cautions or warnings - 10 Business Days Section 7 Other evidence 20 Business Days Section 8 Permission to release documents held by the local authority (Public Protection Notice , Child Protection Case Conference or Multi Agency Risk Assessment Conference report) 15 Business Days We will try to get summaries, PNC s and Section 8 documents released as soon as possible. Please clearly highlight any urgent requests for disclosure Section 5 Summary report 15 Business Days Section 6 - Investigation report (Crime Reports, Call Logs, Referrals, PPO paperwork, DASH) This will document the path of the investigation, what information has been gathered as a result of any enquires and the outcome 20 Business Days Private Law - 20 Business Days from receiving payment confirmation
Example Summary Report Crime Number Reported Date Offence Type/Incident Type Associated Documentation Call Log Involved parties Outcome Victim Joe Bloggs Outcome 16 Crime Report Call Log Referral Suspect Aunt Sally CC- 010123- 0001 Statement Domestic Common Assault 35/1111/23 01/01/2023 Crime Report Victim Peppa Pig Outcome 1 - Charged Call Log Referral 35/1234/24 Suspect Interviews CC- 1104202 4-0123 Daddy Pig Statements Child Investigation Protection Photographs 11/04/2024
Request must be focused and proportionate - Section 5 Wide reaching requests Complete Section 5 Time period for searches to be conducted, maximum period should be 2 years unless deemed relevant and necessary Names of subjects Nature of incidents and allegations (i.e. domestic violence, child abuse, drugs etc and any incident dates if known) Call Logs if required
Request must be focused and proportionate Section 6/7 Specific allegation Complete section 6/7 Provide date of investigation and/or crime reference number Details of documents investigation report in first instance unless the parties can identify specific evidence and provide reasons why disclosure is key to the issues being considered by court
Annex 2/3 guidance notes Limited checks, not exhaustive Post Charge Matters Redactions Indecent Images The requestor should only be seeking a description of the images and not the images themselves. Access will only be considered if accompanied by a court order. Electronic Devices covers digital evidence and explains what is involved in the downloading exercise. Litigants in Person cannot be provided with digital media records (Paper Only)
Redactions Directions for unredacted disclosure should not be sought from the court. The determination of what redactions are to be made will be based on information at the disposal of the police and that provided by the court/solicitor requesting disclosure including information on the issues being determined in the family proceedings. In the absence of guidance from the parties, the police will make the assessment of relevance. Should there be a query with regard to the redactions applied by the police, the parties legal representatives are encouraged to identify the specific document and list what redaction requires further explanation. Genograms All third parties known to the Local Authority within the Family Structure or known to be involved in the incident should named on the Annex 1 if their information is required to be included in the disclosure. Where possible if a genogram can be provided this will assist unnecessary redactions. Body Worn Footage cannot be redacted for Local Authorities. Private Law pay for their redactions within their package.
Third Party Material & Indecent Images Third Party Material - The police should not be asked to consider documents for disclosure which have been generated by a third party agency. The court/solicitor should seek disclosure directly from the third party agency so that a risk assessment can be completed and any necessary redactions applied. Indecent Images - In the course of an investigation, the police may seize material including actual or alleged indecent images of children (under 18). If relevant and necessary, a request should seek the police description of those images to be provided, or a further and better description, not the images themselves. Access to such images will not be granted without an order of a Family Court judge. The images will not be shared but arrangements for them to be viewed if instructed by the Judge please see the Annex 3 5.1 Guidance for such circumstance
Digital Evidence If parties are seeking disclosure of digital information from the Police which relates to devices belonging to the parties a direction should then be sought from the court in the following terms: The [police] shall disclose to [NAME] by [X DATE] the [detail nature of digital evidence] of [NAME] for the relevant time period of [X DATE X DATE] in an unredacted format (ONLY EXCEPTION), the court being satisfied that this information is necessary evidence required to be before the court. There is leave to the [police] to apply to the court to vary this order upon notice to the parties, by [X DATE]. Very large phone downloads are proving difficult to manage, therefore a specific & realistic time frame is required. If the download is being shared with a outside organisation for analysis this must be included within the court order.
Annex 4 checklist for judiciary When parties seek an order for police disclosure, Judge should seek clarification using questions 1 4 With the exception of a case involving litigants only, applicants must be directed to submit an Annex 1 An order directing disclosure should only be made if the protocol has been invoked, the request for information is proportionate and the police have been given a reasonable time in which to comply Has the local authority considered information already held by their client? 1. Has the Applicant submitted an Annex 1 to police? 2. Up to 20 business days What information has been requested? 3. What response has been received? 4.
Annex 4 & Annex 5 Provides sample directions - failure to comply with the Annex 1 application for disclosure - digital evidence belonging to parties - ongoing/rolling disclosure Local Authorities only Provides guidance - post charge matters - cases involving indecent images Annex 5 not currently in use. Please use the Annex H form until the Annex 5(b) is authorised
(a) Copies of: i. police call out records; ii. allegations made; iii. referrals received; iv. any/all 999 calls; v. officers' notebooks and IRBs; vi. interviews (written/audio/visual and transcript if available or in an accessible link); vii. ABE interviews (audio/visual and transcript if available); viii. witness statements; ix. CAD and CRIS reports; x. occurrence logs; and xi. Dom 5 forms; xii. Any body worn camera evidence in an accessible link xiii. Full PNC records for both parties from inception to date Sample of orders served on BCH Police a. All material in their possession for any incidents/allegations/call outs involving either party.. b. This shall include, but is not limited to, CRIS reports, pocketbook notes, interview recordings or transcripts, photographs, BWV, witness statements, records of charging decisions and the outcome of any investigations. any call out records and logs, and if charged any charge sheets, Magistrates sending sheets, indictments, basis of plea, defence statement, case summaries, statements, ABE transcripts, ROTls, exhibits and any disclosure management documents, unused schedules and unused material disclosed. in connection with any allegations, and or arrests Copies of police call out records and logs including all statements made and photographs taken in connection with any allegations.
Annex 1 Form Section 1 Details of Requestor and any Legal Representatives Section 2 Individuals key to Family Court proceedings can also include other family members or a genogram of who you are aware of and who s information you require to be included in the disclosure. Section3 Nature of proceedings Are you in court or PLO? Explain why it is necessary you received the documents. Section 4 PNC records we must have name, DOB & address Section 5 Summary report of Criminal History. This is where you should include as much information as possible about any incidents you know of or the nature of any material you require searching for e.g. Call Logs, Mental Health, Missing persons reports etc.
Annex 1 Continued Section 6 Investigation Report - List any Crime Reports or call logs you require to be disclosed Section 7 Other documents - List any additional material you require e.g. interviews, statements, photographs etc. Section 8 Permission to release documents held by your client - Any S17 & S47 summaries already provided by our MASH team or any other documents you wish to use which require our approval and any necessary redactions
