DOJ Case Requests & Trial Preparation
Case Sharing & Judicial Procedure SOP
1. Authority to Share Case Files
Officers holding the rank of Corporal or above are authorised to share case files with the DOJ.
Prior to sharing, the reviewing supervisor must:
Conduct a full review of the case file.
Confirm all reports, evidence, charges, and supporting documentation are complete and professionally presented.
If the reviewing supervisor determines the case is not in a sufficient state to be shared, they must:
Immediately inform Incident Command.
Outline deficiencies requiring correction.
Ensure corrective action is assigned without delay.
No incomplete or unreviewed case is to be shared with the DOJ.
2. Criminal Contest Procedure
This section applies when a defendant pleads not guilty and contests criminal charges.
Timeline & Judicial Process (Maximum 20 Days)
These timelines are maximum allowances, not targets.
Step 1 – Citizen Contest Period A citizen has 7 days from entering a not guilty plea to formally contest the matter with the DOJ.
Step 2 – DOJ Case Request The DOJ has 3 days from the citizen’s filing to request the case file from LSPD.
Step 3 – LSPD Case Preparation Upon request, LSPD has up to 5 days to prepare and share the case file. If already trial-ready, it should be shared without delay.
Step 4 – DOJ Trial Organisation The DOJ then has 5 days to organise proceedings.
The full 20-day process is the maximum permitted time. Cases should progress faster where possible.
What PD Needs to Focus On
From a PD perspective, your responsibility is simple:
If DOJ requests a case file, ensure it is reviewed and shared within 5 days.
Officers do not need to track the wider timeline.
If it is later determined that the 7-day contest period had expired before the request was made, the matter will be dismissed by the courts. This is not a PD responsibility.
3. Civil Proceedings
Civil matters (e.g., lawsuits against an officer or the department) do not follow the criminal contest process.
If a lawyer intends to pursue civil action:
They must formally serve Notice of Intent to Sue or equivalent documentation.
PD will then seek legal advice and representation.
Case materials will only be disclosed through the appropriate civil legal process.
Officers are not to release case files automatically in civil matters unless directed by authorised command or legal counsel.
Civil statute limitations and procedural timelines are separate from criminal contest rules and are managed through the DOJ and PD legal representation.
4. Professional Standards
All shared cases must meet evidential and procedural standards:
Reports must be factual, structured, and free from opinion.
Evidence must be clearly labelled and directly linked to relevant charges.
Supervisors are accountable for the standard of any case they approve for sharing.
5. Expediency
All timelines represent outer limits.
Where documentation and evidence are properly prepared, cases should be progressed significantly faster.
Delays caused by poor documentation or lack of preparation may result in internal review.
DOJ will request access to cases through the DOJ Request section to ensure the requests are tracked.
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