The Crown Court

The Crown Court

Record Retention and Disposition schedule

Government Departments, Agencies, and all other public sector bodies, are instructed to retain any and all documents; correspondence; notes; e-mails and all other information – however held – which contain or may contain content pertaining directly or indirectly to the sexual abuse of children or to child protection and care. For the purposes of this instruction, the word “children” relates to any person under the age of 18.

Binders

The records below are kept in binders please preserve them in accordance with the instructions below

Description / TNA
Class / Action
Trials on indictment – permanent preservation
-the indictment
-the court record
-the result of any appeal to the Court of Appeal Criminal Division
-the certificate under the Sex Offenders Act 1997 (if separate)
- the certificate under the Sexual Offenders Act 2003 (if separate) / Various J classes / Courts to retain for 10 years before transfer to long term storage.
Committals for Sentence
-the memorandum of conviction
-the court record if separate
-the result of any appeal to the Court of Appeal Criminal Division
-any copy pardon.
- the certificate under the Sex Offenders Act 1977 (if separate)
- the certificate under the Sexual Offenders Act 2003 (if separate) / Retain for 20 years then destroy.
Appeals and Civil Cases
-for appeals, the Notice of Conviction and court record if separate.
-for civil cases the originating process and the Court record
-the result of any appeal by way of case stated to the high court
-any copy pardon / Retain for 10 years then destroy.

Trial Files

Files are to include all documents and reports relating to the case other than those filed in the Record Binder.

Description / TNA
Class / Action
Trial files (including guilty pleas) / Various J classes / Destroy all files 7 years from the date of trial except those falling in to the following categories which must be selected and transferred to the TNT off-site record store at the 7 year point
a) All files where there is a charge of murder, manslaughter, infanticide and child destruction
b) Any file where a life sentence was imposed and cases in which offence was committed by life licensee
c) Any file where a restriction order unlimited in time was imposed and cases in which an offence was committed by a patient on leave of absence or conditional discharge from a special hospital
d) Files where the sentence is longer than 7 years
NB See below item for files where a supplementary order has effect for more than 7 years.
e)Cases referred to in any Sex Offenders Acts or any Sex Offenses Acts, where the notification period exceeds 5 years.
f) Files of any persons, acting alone or as part of an organisation such as the IRA, for committing acts of terrorism or connected to acts of terrorism
g) All files where there was a charge under the Official Secrets Acts, treason, treachery and sedition
h) Any files, if not coming within the above categories, which attract great public interest at the time or in which eminent or notorious persons were prominently involved (can be classes 1,2,3 or 4)
i) Any files, if not coming within the above categories, which relate to matters of wide public concern, such as riots, or are deemed to be of historical interest (can be classes 1,2,3 or 4)
Files where a supplementary order has effect for more than 7 years. / Retain file at court until the order has expired
Committals for Sentence files / Destroy after 5 years
Appeals files from the Magistrates Courts in respect of conviction and / or sentence / Destroy 3 years after date of result of Appeal,
Bench Warrants / Retain case files at court

Other Documents

Description / TNA
Class / Action
All pre-committal applications (except those for bail) unless they subsequently become part of the case papers because of a committal or transfer for trial. / Destroy after 3 years
Applications for warrants under PACE (Police and Criminal Evidence Act) / Destroy after 3 years
Binders of index slips ( form 5086 – now obsolete ) / Retain at court for 20 years then transfer to long term storage.
Criminal special procedure papers (ex-parte application by police for leave to investigate bank accounts before proceeding to trial). / Destroy after 3 years
Daily Lists / Destroy after 1 year
Documents of short-lived importance such as agenda papers, rough drafts and minor memoranda which are not included in any of the above classes / Destroy after 1 year
Financial and accounting records (e.g. witnesses and jurors expense claims, cashbooks etc.) / Destroy after 7 years
Judges Notebooks
Some judges are now using laptops to record the notes of the proceedings. When this is the case, a printed copy of the judges’ notes should be retained as if it constitutes part of a notebook. Current policy stipulates that once these notes have been printed the electronic version should be deleted / Lewes Crown Court only to retain 1 book for each judge annually for possible permanent preservation (remainder to be destroyed 5 years after date of last entry, if the criteria below do not apply).
Other Courts to destroy all notebooks 5 years after date of last entry, if the criteria below do not apply.
Jury panels and Jury summonses / Destroy after 1 years
List of Justices / Destroyafter 1 year
Orders for disclosure under POCA (Proceeds of Crime Act) / Destroy after 3 years
PII case materials (tape recordings, papers etc) / Retain trial file for 7 years until trial file selection procedures take place.
PII case materials (tape recordings, papers etc) to be returned to party who lodged them, at end of trialRecordings of PII hearings held on any medium, [tape/digital/disc/card etc] to be securely destroyed as part of the trial file selection process.
Pre-committal Bail Applications / Destroy after 1 year
Audio tape recordings of Trials. (N.B. Tape recordings of video evidence to be returned to party who lodged them, at end of trial) / Destroy after 5 years inaccordance with MoJ guidance.
Digital recordings of Trials.
(N.B. Digital/CD/DVD recordings of evidence to be returned to party who lodged them, at end of trial) / Delete after 7 years inaccordance with MoJ guidance.

CREST Reports

Description / TNA
Class / Action
List of defendants put back for sentence with reasons (ADJSS) / Destroy after 6 months
Report of entries in all accounts (AEREP) / Destroy after 7 years.
Report of changes to claim details (CCREP) / Destroy after 7 years.
Cumulative list of fixed dates (CFIX) / Destroy after 6 months
Report of cases with possible post trial problems (CPPTP) / Destroy after 1 year.
Report of changes to payee, staff, solicitors, counsel and chambers details (CRREP) / Destroy after 7 years.
Claim status report (CSREP) / Destroy after 6 months.
Custody Time Limit Report (CTLRP) / Destroy 12 months from the end of the quarter in which the checks were carried out.
Daily Balance (DABAL) / Destroy after 7 years.
List of Defendants with deferred sentences (DEFSS) / Destroy after 6 months.
DMI transmission status report (DMITR) / Destroy after 2 years.
DMI run status report (DRSR) / Destroy after 2 years.
Determining officer’s log (DTLOG) / Destroy after 1 year.
Financial returns (FINRT) / Destroy after 7 years.
Report of general claims due for payment (GCREP) / Destroy after 7 years.
Extract cracked / ineffective trial listings for DMI (INFTRL) / Destroy after 2 years.
List of trial cases approaching 112 days (LC112). / Destroy after 6 months.
List of trial cases approaching last day of trial (LEX). / Destroy after 1 year.
List of fixed dates – Criminal (LFIX) / Destroy after 6 months.
Listing History Report (LHIST) / Destroy after 7 years.
Determination management information report (MIREP) / Destroy after 2 years.
Monthly statement of balance (MOBAL) / Destroy after 7 years.
Report of entries in non-vote account (NVREP) / Destroy after 7 years.
List of outstanding Bench Warrants (OBW) / Destroy after 6 months.
Outstanding graduated fee report (OGFRP) / Destroy after 6 months.
Report of outstanding entries in Suspense Deficiency Account (OSDRP) / Destroy after 7 years.
Outstanding cases by various criteria – Criminal (OUTC) / Destroy after 6 months.
Daily List (PDL) / Destroy after 2 years.
Running List (PRLIS) / Destroy after 2 years.
Payable Order Schedule (PRPAS) / Destroy after 7 years.
Report of cases over ‘n’ weeks old with listing history (RAGE) / Destroy after 6 months.
Reconciliation Report (RCREP) / Destroy after 7 months.
Report of Judge sittings (RJS) / Destroy after 1 year.
Production of form 5171A (RCCA) / Destroy after 1 year.
Production of form 5171 (RREC) / Destroy after 1 year.
Report of court sitting times (RSIT) / Destroy after 1 year
List of unacknowledged monetary orders (RUMO) / Destroy after 2 years.
Report of Solicitor and Counsel claims due for payment (SCREP) / Destroy after 7 years.
Report of entries in suspense deficiency account (SDREP) / Destroy after 7 years.
Standard fee performance report (SFREP) / Destroy after 1 year.
Report of entries in suspense account (SUREP) / Destroy after 7 years.
Unlisted cases by various criteria – criminal (UNLC) / Destroy after 6 months.
Workgroup user changes report (WCREP) / Destroy after 2 years.
Report of workgroups with terminals and users (WUREP) / Destroy after 2 years.

This schedule takes account of any electronic documents whose creation was discussed in its preparation. These documents are either printed out and copies placed on registered paper files or held as electronic records

and noted in this schedule. Please inform RMS when any new electronic documents or systems are introduced into the operations of the Crown Court

The MoJ Departmental Record Officer has drawn up this schedule in consultation with Crown Court Operations. Please retain for future reference.

Departmental Records Officer

Records Management Services

Ministry of Justice

1st Floor, 102 Petty France

London

SW1H 9AJ

AMENDED July2015