Duplicity in Informations

Abstract

Paul Cooper of Liverpool John Moores University and Josie Cooper, a Training Officer with Merseyside Probation Service, consider a practice and procedural dilemma which may confront probation officers in court, and the implications for conduct of supervision.

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References

Magistrates' Courts Rules 1981, r4(2).

An information cannot be in the name of an unincorporated association, such as a Probation Service. It must be in the name of an actual person and disclose their identity. Some police forces use the name of the Chief Constable, others require the officer who lays the information to use his/her name. Local policy should determin the approach for the probation prosecutor.

Magistrates' Courts Rules 1981, r12(1).