Head of Department, Criminal Justice - Derbyshire …€¦ · 4.5 “Consultant in Emergency Medicine”: ... hospital records department. These original notes will be required at

NOT PROTECTIVELY MARKED

1 NOT PROTECTIVELY MARKED

Derbyshire Constabulary

PROTOCOL FOR THE PROVISION OF WITNESS STATEMENTS FROM HOSPITAL EMERGENCY DEPARTMENT STAFF

FOR CRIMINAL PROCEEDINGS

POLICY REFERENCE FEA

This protocol is suitable for Public Disclosure

Owner of Doc: Head of Department, Criminal Justice

Date Approved: July 2010

Review Date: July 2013



INDEX

Heading Page No

Protocol Identification Page ............................................................................3 Legislative Compliance....................................................................................4 1. Parties ...............................................................................................................4 2. Aim ....................................................................................................................4 3. Objectives .........................................................................................................4 4. Definitions.........................................................................................................4 5. Form and Content of Witness Statements .....................................................5 6. Original Evidence .............................................................................................6 7. Issues of Confidentiality ..................................................................................6 8. Agreed Method for the Obtaining of Statements ...........................................7 9. Witness Care.....................................................................................................8 10. Witness Expenses ............................................................................................9 11. Forms of Consent - Clinical Information ........................................................9 12. Release of Information to the Police Without the Patient's Consent .........10 13. Local Agreements, Disputes and Monitoring...............................................11 14. Appendices .....................................................................................................12



Legislative Compliance This document has been drafted to comply with the principles of the Human Rights Act. Proportionality has been identified as the key to Human Rights compliance, this means striking a fair balance between the rights of the individual and those of the rest of the community. There must be a reasonable relationship between the aim to be achieved and the means used. Equality and Diversity issues have also been considered to ensure compliance with Equal Opportunity legislation and policies. In addition, Data Protection, Freedom of Information and Health and Safety Issues have been considered. Adherence to this policy or procedure will therefore ensure compliance with all relevant legislation and internal policies.

1. PARTIES 1.1 The parties to this protocol are the Derbyshire Constabulary, the Emergency Departments

of Derby Hospitals NHS Foundation Trust, Chesterfield Royal Hospital NHS Foundation Trust and the Crown Prosecution Service (the CPS).

2. AIM 2.1 The aim of this protocol is to provide an agreed framework for the obtaining of witness

statements from staff at Emergency Departments of hospitals for the purposes of criminal prosecutions in England and Wales.

3. OBJECTIVES 3.1 The objectives of this protocol are that:

• statements will be produced within timescales agreed by the parties and, where

appropriate, within those set by the court; • statements will be provided by medical staff of appropriate qualification and

experience; • the medical staff’s duty of confidentiality to the patient will be better understood and

respected; • statements will be written in a comprehensible lay style.

4. DEFINITIONS 4.1 Various terms will be used in this protocol. These terms and their agreed meanings are set

out below:

Witness statements



4.2 “An emergency statement”: a witness statement concerning a serious crime of violence, injury or death, which is required by a police officer at the first available opportunity. This statement will directly affect the ability of the police to investigate a serious offence or decision to be able to arrest, detain or charge a suspect within the limited time available under the law where appropriate. These statements will normally be confined to a description of the injury/injuries and a brief account of the nature of the treatment. They should be obtained from the most senior doctor involved in the patient’s initial care and will be handed to the police without delay.

4.3 “An urgent statement”: a witness statement required to meet a deadline required for a

prosecution, breach of which could seriously prejudice the continuation of the proceedings. For example, indictable only cases (Section 51s) which are appearing at short notice at the Crown Court, custody time limits and any case where the judge/magistrates require a statement urgently.

4.4 “A standard statement”: all other cases where a witness statement is required from hospital

medical staff, production of which will normally be not later than two weeks from the receipt of the request by the hospital liaison officer.

Hospital staff 4.5 “Consultant in Emergency Medicine”: a registered medical practitioner holding a post so

designated, whether substantive, or as locum.

4.6 “Liaison Officer”: the post or individual nominated within the hospital administrative structure under any agreement made by virtue of this protocol in a service level agreement for dealing with enquiries from the other parties and for the passing of information to the appropriate recipient. The identity of this post holder should be widely known, especially by the hospital telephone switchboard, the police, and the hospital management.

4.7 “Medical staff”: all non-consultant medical staff. 4.8 “Emergency Nurse Practitioner”: a nurse trained and authorised under local processes to

treat and discharge patients without reference to a doctor. 4.9 “Emergency Department”: the department of a hospital that receives emergency cases in

the case of sudden acute illness or injury.

4.10 CEM: College of Emergency Medicine.

4.11 “Clinical information”: any information relating to a patient’s past or present medical condition, the results of a medical examination or laboratory or other investigation, and information on proposed treatment.

4.12 “Non-clinical information”: information unrelated to medical care such as the patient’s name,

address, date of birth, occupation and times and dates of events. 5. FORM AND CONTENT OF WITNESS STATEMENTS 5.1 Witness statements from medical staff will be produced and completed, including signing

and dated as required in statement form as illustrated on a Manual of Guidance Form MG 11, a blank copy of which is attached to this protocol as Annex A.



5.2 The police criminal justice department, from time to time, may provide the liaison officer

with revisions of Form MG 11, as required by changes in legislation. 5.3 Notes for guidance and an example of a statement are attached to this protocol, as Annex

B. 5.4 The consultant in charge, or nominee, should devise a locally agreed procedure for

checking the statements of junior medical staff which avoids delay and which will indicate that the statement has been checked. In the event of the consultant in charge, or nominee, wishing to comment on the contents of the statement, local procedures should be agreed for the maker of the statement to be consulted, the police to be informed, and for any additional statements to be forwarded to the police as soon as possible.

5.5 If a statement of opinion or prognosis is required, the liaison officer will indicate locally to

whom these requests should be addressed. This should usually be a consultant. Any request for an opinion or prognosis should be accompanied by details of the allegations made by the prosecution and defence, and the questions to be addressed. It is important that the person making the statement is able to give an opinion, as they will be treated as an expert witness.

6. ORIGINAL EVIDENCE 6.1 Any original evidence, for example, medical records or case notes, should be carefully

preserved. Material to which reference may be required should accompany the maker of the statement to any hearing where he or she may be required to give evidence. These notes may be required to be seen by the prosecutor before trial.

6.2 The maker of the statement should be warned to give evidence in sufficient time for

arrangements to be made for the recovery of the original medical notes from the relevant hospital records department. These original notes will be required at court and may be inspected during the proceedings. A copy of the relevant part(s) of the medical notes will suffice, if the notes are bulky and unmanageable.

6.3 Any other evidence relating to the examination and treatment of the patient for any injuries

sustained for which evidence is sought, whether in statement form or notes, or otherwise (including any notes from which subsequent statements are made), must be retained as they may be required for inspection by and production to the prosecution and defence as unused material.

7. ISSUES OF CONFIDENTIALITY 7.1 As a matter of public policy, confidentiality exists between hospital medical staff and patient.

Health records of the patient’s consultation, examination, diagnosis and treatment are confidential as between the patient and the medical staff. This confidentiality cannot normally be breached except by a written consent obtained as outlined in paragraph 11.1 below or by an order of the court. There are cases in which confidentiality can be breached – the usual example here would be to assist the police in the “prevention or detection of a serious crime”.



8. AGREED METHOD FOR THE OBTAINING OF STATEMENTS 8.1 Under the Prosecution of Offences Act 1985, the prosecution, i.e. the police and Crown

Prosecution Service are required to act with all due diligence and expedition. Cases are at risk of being stopped or offenders in custody may be released, if there is undue delay in obtaining evidence. Accordingly, statements from hospital staff will be sought as soon as possible in the preparation of a case to satisfy the statutory requirements of conducting a diligent investigation or a prosecution with due expedition.

8.2 All medical staff will, within the terms of this protocol and any service level agreement, seek

to ensure that statements sought by the police are provided as expeditiously as possible to safeguard the public interest and the welfare of those who have suffered injury and hurt.

8.3 It is the responsibility of the police to supply the Emergency Department with as much

notice and information as possible to facilitate their completion of the witness statement. Any decision which affects the requirement for the statement will be conveyed to the Emergency Department as early as possible.

Emergency statements 8.4 Emergency statements will be requested from the relevant member of the hospital medical

staff by a police officer.

8.5 The officer will approach the doctor in current charge of the case and inform him or her of the circumstances and that the case falls within the category of an emergency statement.

8.6 That doctor will arrange for a statement to be prepared at the first available opportunity,

taking into account his/her (or the emergency nurse practitioner’s) continuing medical obligations and the obligations imposed on the police to deal with cases expeditiously. The original statement will be given to the police officer requiring it without delay, and a copy will be retained by the maker.

8.7 That doctor will, if necessary, following locally agreed procedures, arrange for a copy of the

statement to be sent to the consultant in charge, or nominee, for his scrutiny as soon as possible.

Urgent statements 8.8 Where the CPS notify the police that an urgent statement is required, or the police, of their

own initiative decide that a statement falls within the urgent category, the police will contact the liaison officer as locally agreed and inform him/her that an urgent statement is required, indicate the deadline by when such a statement must be delivered, and give reasons why the statement is urgent. Any oral request for an urgent statement will be followed by a written request confirming the application.

8.9 The liaison officer, on the receipt of the oral application, will immediately take such steps as

are necessary to obtain such a statement within the time limits required. If it is not possible to produce such a statement in the time required, the liaison officer will inform the police officer who made the request, of the reasons for delay and indicate by when it will be possible to provide the required statement. The police must inform the CPS of the reasons for the delay on the MG6 and when the statement is to be provided.



Standards statements

8.10 A request for a standard statement, with the date required (e.g. as dictated by court time limits or other order) will ordinarily be made in writing to the liaison officer, indicating the status of the request. The liaison officer will acknowledge such a request in writing and will confirm the date by when such a statement will be provided.

Change of priority of status of required statement

8.11 Should the priority of a request, having been made, change, the police will notify the liaison officer as soon as possible, and confirm the change of status in writing.

Communications

8.12 The standard form of written communications between the police and liaison officer will be a form of rapid communication agreed locally (e.g. fax or e-mail). Additionally, a system of delivery by hand may also be agreed.

8.13 Any communications with the liaison officer by the police must include the identity of the

patient in addition to the identity of the defendant or the Police file unique reference number (URN). Any communications by the liaison officer with the police must include the identity of the defendant and the URN.

8.14 It is likely that members of the medical staff, who may, in the course of their duties, have

made statements for criminal proceedings, will be transferred or moved to a different location before being contacted to attend court as a witness or asked to provide a (further) statement. Local arrangements should be made to either keep in touch with or locate these statement makers as required. The use by the statement maker of her/his General Medical Council number will assist in this process.

8.15 It is a responsibility of the liaison officer to acknowledge receipt of requests and inform the

police within 3 working days of any revised delivery date where the deadline cannot be met. Problems must be identified to the police at the earliest possible opportunity.

9. WITNESS CARE 9.1 The CPS will make every reasonable effort to avoid calling a member of the hospital

medical staff as a witness to give oral testimony at the court. This will be done, wherever possible, by serving the evidence on the defence and seeking to agree it, or by identifying any issues in contention for further consideration. The service of the original medical notes attached to a statement, where this can be agreed and arranged will often avoid having to call a member of the medical staff as a witness. Where the original medical records or copies thereof are appended to statements the patient's address and telephone number and any information related to third parties (e.g. identity and addresses of next of kin, relatives or employers) should be removed or suitably obscured.

Every effort will be made to avoid the unnecessary attendance of medical staff at court. However, where medical staff have failed to provide the necessary information, consideration will be given to the issue of a witness summons.

9.2 Medical staff will be contacted by the Witness Care Unit once the case has been passed to

the CPS. A letter will be sent out by the Witness Care Unit to advise them of the name and



contact number of the Witness Care Officer allocated to the case, who will then become their single point of contact. A mini needs assessment will be included within the letter asking for an update of contact details, any dates when they would be unavailable to attend court and any information regarding forthcoming changes in the location of employment, to be returned to the Witness Care Unit in the pre paid envelope provided. The Witness Care Officer will update the details accordingly.

9.3 Standby arrangements should be arranged where the distance from the hospital or place of

employment to the Court does not make them impracticable. Such arrangements should be offered to the medical staff who are required to attend court. The CPS should consult the court to see if agreement to the terms of the standby arrangements can be obtained. The CPS will inform the Witness Care Unit of the agreed arrangements. Full use should be made of pager/bleep numbers/ mobile telephones.

9.4 In the event that a warned witness is no longer required, the CPS will immediately inform

the Witness Care Unit, who will in turn inform the witness to stop them attending Court unnecessarily.

9.5 Prompt responses from medical staff for further information when required may also assist

in avoiding the calling of such staff to give evidence. 10. WITNESS EXPENSES

10.1 Where a doctor is called to court to give oral testimony of the factual findings of their clinical examination, or to present the written records of another medical practitioner, they will, for the purposes of the CPS witness expenses regulations, be treated as a professional witness and reimbursed accordingly.

10.2 Where a doctor is called to court to give oral testimony that includes giving an opinion they

will, for the purposes of the CPS witness expenses regulations, be treated as an expert witness and reimbursed accordingly.

11. FORMS OF CONSENT – CLINICAL INFORMATION

11.1 Before a doctor in charge of a patient can release clinical information on a patient, a form of authority will have to be signed by the patient concerned, or someone else on that patient’s behalf, namely:

• the patient’s representative authorised in writing, or

• where the patient is unconscious, by the next of kin, or

• where the patient is under 18, the person having parental responsibility (as defined in

the Children Act 1989) unless the patient is capable of full understanding of the nature of the request, or

• a Receiver appointed to manage the affairs of the patient by the Court of Protection,

or

• the patient’s personal representative where the patient has died.



11.2 The form of consent will be in the form, or like terms, of the form of consent attached as

Annex C to this protocol and will be prepared by the police, with the assistance of the hospital medical staff, where required, so that the person whose consent is being obtained (or the person authorised) may make an informed decision on what is being requested, and can read (or have read to him/her) the terms of the consent, and sign and date the form.

11.3 The form will, unless it has previously been handed over to the hospital by the police,

accompany any written application for a medical report.

11.4 When a police officer takes a statement from a victim (or patient) who has suffered injuries, the police officer should explain the issue of consent to that person and include in the statement whether the witness consents to the police having access to the medical records relating to the injuries referred to in the statement for the purposes of any prosecution which may follow. When such consent is given, it should also be recorded on the form of consent (or like arrangement) annexed to this protocol. This consent form demonstrates that the patient/victim, or representative, has made an informed decision and is aware of his or her, or the patient’s rights.

12. RELEASE OF INFORMATION TO THE POLICE WITHOUT THE PATIENT’S CONSENT

12.1 It is agreed that the consultant in charge of an Emergency Department, or deputy, has a

discretion, within the law, over what information, whether in writing or otherwise concerning attendees at his or her Department may be given to the police.

12.2 It is also recognised that it is the duty of the police to prevent crime and to bring

perpetrators of criminal offences to justice.

12.3 The following guidelines on the disclosure of information about patients attending the Emergency Departments, is in line with the advice contained within the guidance for Doctors on confidentiality issued by the General Medical Council.

12.4 In general, information will only be released if:

• It is required by Law (such as Section 172 Road Traffic Act 1988) or if in the

investigation of a serious offence it is justified in the public interest, either to protect the patient or to protect others (especially a child or other vulnerable person).

• the authority of the consultant in charge (or deputy) of the Emergency Department is

obtained; and

• a form of enquiry (attached at Annex D) is completed and signed.

12.5 If any video surveillance equipment is installed in an Emergency Department, the police will be allowed unrestricted access to a record of any surveillance, unless the record is of, or includes, a treatment area. Access to tapes of any treatment area involves access to confidential information and is subject to the restrictions and controls over such information.



13. LOCAL AGREEMENTS, DISPUTES AND MONITORING

13.1 Any disagreement over the workings of this protocol or local agreements will be referred to

the agreed level of management for early and informal resolution, wherever possible. CPS Area Business Manager, Police Area Manager, Criminal Justice Dept, Derby Hospitals NHS Foundation Trust, and Chesterfield Royal Hospital NHS Foundation Trust.

13.3 The parties will annually review the workings of this protocol with a view to improving the

efficiency and the well being of local professional working arrangements.

Signature Signature witnessed by

RESTRICTED (when complete)

ANNEX A

Form MG11(T)


Witness Statement (CJ Act 1967, S.9; MC Act 1980, ss.5A(3)(a) and 5B; MC Rules 1981, r70)

URN 30

ment of Age if under 18 (if over 18 insert 'over 18')

Occupation

____________________________________________________________________________ This statement (consisting of pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true. Signature: Date: ____________________________________________________________________________ Cross if witness evidence is visually recorded (supply witness details on rear)

Form MG11(T) (CONT'D) (Rev'd 4/03)

Home address:

Postcode:

Home telephone no: Mobile/Pager no:

E-mail address (if applicable and witness wishes to be contacted by e-mail): Contact point (if different from above): Address:

Work telephone no:

Male / Female (cross as applicable) Date and place of birth:

Maiden name: Height: Ethnicity code:

State dates of witness non-availability :

I consent to police having access to my medical record(s) in relation to this matter:

Yes No

I consent to my medical record in relation to this matter being disclosed to the defence:

Yes No

The CPS will pass information about you to the Witness Service so that they can offer help and support, unless you ask them not to. Tick this box to decline their services:

Does the person making this statement have any special needs if required to attend court and give evidence ? (eg language difficulties, visually impaired, restricted mobility, etc.). If 'Yes', please enter details.

Yes No

Does the person making this statement need additional support as a vulnerable or intimidated witness? If 'Yes', please enter details on Form MG2.

Yes No

Does the person making this statement give their consent to it being disclosed for the purposes of civil proceedings (eg child care proceedings)?

Yes No

Statement taken by (print name):

Station:

Time and place statement taken:

Signature of witness:.................................................................................................................................................

RESTRICTED – FOR POLICE AND PROSECUTION ONLY (when complete)

RESTRICTED – FOR POLICE AND PROSECUTION ONLY (when complete)

Form MG11(T)(CONT'D) (Rev'd 4/03)


Page No. of

Continuation of Statement of:

Signature: ..................................................................... Signature witnessed by: ....................................................


ANNEX B

NOTES FOR GUIDANCE OF HOSPITAL MEDICAL STAFF WHEN WRITING STATEMENTS IN CRIMINAL CASES

Introduction and style 1. Ideally, your statement should be typed, and then signed and dated by you. If, however,

typing is not possible, you can hand write the statement, but make sure that your writing is clearly legible and use black ink.

2. Your statement must be jargon free, so that anyone can understand it. Where technical

language cannot be avoided, you should explain the terms used. The easier a statement is to understand, the less likely it is that you will be called to court to explain what you have written.

What you need to say about yourself

3. Begin the body of the statement by stating your present role, and if there has been a

subsequent change, the role you were filling at the time of the examination in question (for example, Foundation 2 Doctor Emergency Department).

4. Where relevant, you will need to include your medical qualifications, and your length of time

in practice. 5. If you are a registered medical practitioner, you must also include your General Medical

Council number. This will make it easier to locate you if you change posts and may save considerable public expense.

About the examination

6. You should state the date, time and place of the examination and by whom the patient was

referred or introduced to you. 7. The name and date of birth (if known) of the patient should be recorded in the statement, but

not the patient’s address (for their protection). Any other persons present during the examination should be mentioned.

8. Statements will be statements of fact in the first instance. If further clarification or an opinion is required, then this will be obtained by contacting a consultant.

9. Include in the details of your examination a clear description of all injuries, with

measurements. If wounds require stitches, the number of the stitches should be recorded if possible. You need to remember that any laceration indicates that the whole skin was broken. In legal terms, this is referred to as a ‘wound’ and needs to be made clear.

10. If the patient was apparently confused, this should be noted, and where possible, a view

given as to the causes, with any apparent evidence. 11. If treatment was concluded or the patient passed to another Department or professional

colleague, this should be made clear. 12. Where you have not been able to properly diagnose the full extent and effect of all the

injuries, and conclude that a further examination is necessary, you should make this clear to

prevent the prosecution proceeding on the wrong basis. Also, the patient might subsequently be unfairly accused of exaggerating the facts of the assault.

13. You should note any follow up treatment; for example, medication, referral to or detention in

hospital, X-rays, or outpatient treatment. This will help the taking of any follow up statements by the police. If the results of medical tests are known or the patient was seen at a later stage by way of a further appointment, you should make this clear.

Additional evidence – exhibits, photographs and notes

14. If photographs are taken, you should record this, and by whom they were taken and what

happened to them if they do not accompany your statement. The statement should say if a digital photo was taken for diagnostic purposes but not retained.

15. It is often helpful to illustrate injuries by reference to a body plan, and if one is used, it

should be attached as an exhibit to the statement, using a phrase such as, “I produce herewith a body plan of the injuries to (patient) as my exhibit AB1” (where AB are your initials - the number indicates it is your first exhibit.)

16. How you recorded the original findings of the examination and treatment should be

confirmed (e.g. notes, body plan, audio or videotape). You must carefully keep any original notes or tapes of any examination. They may be required by the court, or the prosecution or defence at a later stage

17. A copy of any exhibits (e.g. a body plan or photograph) referred to in the statement should

always, where possible, accompany the statement. Otherwise, arrangements should be made to send any exhibits or photograph to the police as soon as possible.

Checking the contents of the statement and important legal formalities

18. When you have finished, you then need to carefully check the statement, making sure it is

true and accurate. You should initial any alterations you make. 19. You must then ensure that the declaration at the top of the statement is completed by

adding your name, professional address, and by signing and dating it in the space provided. 20. You should also make sure that you sign at the bottom of each page, and after the final

word. At no stage leaving any gaps; this prevents anyone else being able to add anything unauthorised to the statement.

21. These steps are necessary to comply with the law. They will also make it more likely that

your statement can be agreed with the defence and can be read in your absence.

About your future movements 22. Finally, complete the information required on the back of the statement form: usually your

availability and contact details for the next six months. It may take a year or more for the most serious cases to come to trial. It will be helpful to indicate on some part of this section if you know where you can be most easily contacted if you know you are going to change posts. This side of the statement is not provided to the defence.

STATEMENTS MADE FROM MEDICAL EXAMINATIONS CARRIED OUT BY OTHER MEDICAL STAFF

23.Wherever possible, the member of the medical staff who examined the patient should provide the statement. Where it is not possible, you should use the following procedure, and as agreed locally with the police and CPS.

24.For legal reasons, your statement should, after the introduction about yourself (see

paragraphs 3 to 6 above), say: -

“Pursuant to section 117 Criminal Justice Act 2003, this statement has been made from records that have been created or received by a person or persons in the course of their trade, business, profession or other occupation, or as the holder of a paid or unpaid office.

The person who supplied the information contained in these records (the relevant person) had, or may reasonably be supposed to have had, personal knowledge of the matters dealt with.

Each person (if any) through whom the information was supplied from the relevant person to the person who created or received the record received the information in the course of their trade, business, profession or other occupation, or as the holder of a paid or unpaid office”.

25.After having completed the introductions about yourself and the legal caption, you should summarise the examination conducted by the other doctor, including what injuries were noted and what treatment was provided

26.Finally, if in your view, you can give any further assistance to make the medical records

clearer to a layman or jury, you should add what is necessary in your statement. If the deciphering of the notes is likely to raise a challenge through lack of clarity, it would be helpful for the full content of the medical records to be repeated in your statement, subject to the address and telephone number of the patient and the names and addresses of relatives, next of kin and employers removed or suitably obscured.

27.You will need to undertake the checks contained in paragraphs 20 to 23 above and fill in the details on the reverse (paragraph 24 above)

FIRST EXAMPLE OUTLINE STATEMENT BY A DOCTOR WHO CARRIED OUT THE EXAMINATION I am (state qualifications and professional capacity) and currently/used to work at (state location and name of hospital) in the (Accident and Emergency/Casualty/Ward number/name/Surgery). I (have) worked there for the past (years/months) (or from date to date). My General Medical Council Number is (give number). On (date) at (time) I was on duty at the (Accident and Emergency/Casualty/Ward number/name/Surgery) when I examined a patient who identified himself/herself to me as (full name, DOB) (or the patient was identified as (full name, DOB). I recorded details of my examination (state how recorded). The patient stated that the injuries had been received as a result of (an assault/road traffic accident/industrial accident – include type of machinery if known). The patient’s injuries were found to be as follows: (indicate exact nature of injury in layman’s terms, providing detail of treatment required, e.g. stitches, referral). The patient (was/was not) admitted (to Ward number/name/description) and/or left hospital (after period of time on ward/treatment). The patient was referred to his/her (own doctor/other specialist (name)). oooooooooooooooooooooooooooooooooo

SECOND EXAMPLE STATEMENT MADE FROM OTHER DOCTOR’S NOTES WHO HAD PREVIOUSLY CONDUCTED THE MEDICAL EXAMINATION I am (state qualifications and professional capacity) and currently work at (state location and name of hospital) in the (Accident and Emergency/Casualty/Ward number/name/Surgery). I have worked there for the past (years/months). My General Medical Council Number is (give number). On (date) at (time) (name of doctor who conducted examination) was on duty at the (Accident and Emergency/Casualty/Ward number/name/Surgery) when (he/she) examined a patient named as (full name, DOB). (Name(s)) was (were) also present during the examination Pursuant to section 117 Criminal Justice Act 2003, this statement has been made from records that have been created or received by a person or persons in the course of their trade, business, profession or other occupation, or as the holder of a paid or unpaid office. The person who supplied the information contained in these records (the relevant person) had, or may reasonably be supposed to have had, personal knowledge of the matters dealt with. Each person (if any) through whom the information was supplied from the relevant person to the person who created or received the record received the information in the course of their trade, business, profession or other occupation, or as the holder of a paid or unpaid office. Details of the examination were recorded (state how recorded). The patient stated that the injuries had been received as a result of (an assault/road traffic accident/industrial accident – include type of machinery if known). The patient’s injuries were found to be as follows: (indicate exact nature of injury in layman’s terms, providing detail of treatment required, e.g. stitches, referral). The patient (was/was not) admitted (to Ward number/name/description) and/or left hospital (after period of time on ward/treatment). The patient was referred to his/her (own doctor/other specialist (name)).

ANNEX C Form187 (Rev'd 2/99) DERBYSHIRE CONSTABULARY

MEDICAL EVIDENCE CERTIFICATE OF CONSENT

I (name) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D O B . . . . . . . . . . . . . . . . . .

Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .

hereby give consent for the release to the Police Service of medical evidence they require

from my full medical record between the period (date) . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

to (date) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

DOCTORS/MEDICAL CENTRE/HOSPITAL ADDRESSES

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .

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Signed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Parent/Guardian) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .

Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Police Officer/Person obtaining consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ANNEX D Form 486

(New 11/02) Derbyshire Constabulary

Police Request for NON CLINICAL Information

Request from the Derbyshire Constabulary for information regarding patient(s) treated in the Emergency Department in respect of Road Traffic Accidents or enquiries being made in connection with Indictable Offences. Date: ........................................................... Time: ............................................................. Type of Enquiry: * Road Traffic Accident or * Indictable Offence (* Cross as appropriate) If Indictable Offence, description:

This is where we would take advice.

………………………………………………………………………………………………………...... Name/Rank/Number (of Police Officer making enquiry):

.................................................................................................................................................. Based at: ................................................................................................................................ Details of Enquiry: ................................................................................................................

.................................................................................................................................................. Search made by: ....................................................................... (Name of Hospital Staff) Result of Search: ..................................................................................................................

..................................................................................................................................................

.................................................................................................................................................. The above information is given to the Derbyshire Constabulary for the express purpose of identifying a person who has been involved in a:- * Road Traffic Accident * Indictable Offence (* Cross as appropriate) and for no other purpose. Signature of acceptance by Police Officer: .............................................................................

Emergency Department MEDICAL STATEMENTS PROTOCOL I confirm on behalf of my organisation that we will endeavour to comply with the

protocol: ………………………………………………. Date……………. Derbyshire Constabulary ……………………………………………….. Date…………….. Crown Prosecution Service …………………………………………………. Date……………… Derbyshire Hospitals NHS Foundation Trust ………………………………………………… Date……………… Chesterfield Royal Hospital NHS Foundation Trust

ED PROTOCOL – SENIOR CONTACTS CPS - Area Business Manager Mrs Jane Robinson Tel No: 01332 614003 Derbyshire Police - Criminal Justice Manager Mr John Rice Tel No: 01773 733400 Derby Derbyshire Police - Criminal Justice Manager Mrs Angela Glossop Tel No: 01246 522049 Derbyshire Police - Criminal Justice Manager Ms Jill Wilcockson Tel No: 01298 762022 Derby Hospitals NHS - Consultant ED Miss Susie Hewitt Foundation Trust Tel No: 01332 347141 Chesterfield Royal Hospital NHS Foundation Trust Clinical Director ED Mr R C Bailey Tel No: 01246 277271

General day to day enquiries will be conducted via the attached list of contacts/liaison officers.

LIAISON OFFICERS/CONTACTS

Hospital

1. Medico Legal Administrators Derby Hospitals NHS Sally Maine 01332 254725 Foundation Trust Chesterfield & North Derbyshire Susan Towner 01246 513116 Royal Hospital Police Witness Care Units South Units and Sue Cox 01332 614101 Crown Court Support North Units Margaret Miles 01246 522054 Assistant Criminal Justice Unit Manager D Division Gill Higton 01773 733446 B Division Judith Peach 01298 762020 C Division Dorothy Hudson 01246 522055 CPS Business Managers North CJU Tina Tanner 01246 522531 South CJU Martin Halford 01332 614039 Trials Unit Sat Sanghera 01332 614081

Documents

Head of Department, Criminal Justice - Derbyshire …€¦ · 4.5 “Consultant in Emergency Medicine”: ... hospital records department. These original notes will be required at