8. Pre-charge advice

All requests for advice by police investigators should be made in writing to the Office. Advice files, with the exception of sexual assault files (see 9. Sexual crimes guidelines), are to be addressed to the Deputy Director who will allocate the file in the normal manner, the exceptions being matters involving death or investigations in respect of police officers where the files should be addressed to the Director. Advice files should not be sent or handed to individual prosecutors.

Requests for advice will include:

• the availability of criminal charges involving
  • the sufficiency of evidence
  • the admissibility of evidence
  • the most appropriate charge in the circumstances
• the present state of the law with respect to a certain subject matter (where this requires detailed evaluation)
• whether a matter should be disposed of summarily rather than on indictment
• sexual crimes

In the ordinary course these requests are to be answered in writing.

There is no distinction to be drawn between “formal” and “informal” advice, and “provisional” advice should not be given.

Should the person seeking advice be unable, due to the urgency of the matter, to seek advice by way of written request, this should not preclude advice being provided. In such instances, the written advice should recite the particular request made of the Office and the information provided upon which the advice is given.

In the ordinary course a letter confirming the oral advice should be sent within 24 hours.

Where the request for advice relates to whether or not there is a basis for charging, any advice must only be provided after an examination of the complete police file. Ordinarily, such advice will only be given after the alleged offender has been provided with an opportunity to answer or comment upon the substance of the allegations by interview or otherwise.

Advice will not be given on any individual exercise of police powers or on operational matters generally. Such requests should be referred to the police legal officers. If necessary, police legal officers can approach the Director or the Deputy Director.

Where advice is given to proceed or not to proceed such advice needs to be approved by a member of the Committee.

Where the charge is one for an offence resulting in death, the advice is to be referred to the Director for final consideration before it is communicated to the investigating officer.