*Substantive charge* - the most serious charges on the brief; or which if withdrawn, would prevent an ancillary application from being made.
Refer to the DPP Policy regarding whether or not to withdraw charges. [[011.11.18 DPP-Policy.pdf]]
# Charge Negotiations
- We *do not* lower the reading of a device; this would question the devices operability.
# Charge Withdrawals
- Withdrawal of a substantive charge *must only* occur when there is no reasonable prospect of conviction or not in the public interest.
- Consultation with an informant, informants SGT or S/SGT should occur prior to the withdrawal of any substantive charges.
- If you're dropping from an Indictable Charge to a Summary Charge you do need to do a WD report.
# Format of Withdrawal Report
- List the charges in the brief / outcome.
- Summary of the facts and legal issues.
- Explicit reason for the withdrawal.
# Routine or Non-Routine
*Non-routine* if there has been a failure of a process of VicPol where action is required to avoid recurrence; or failure of member of VicPol where training, counselling or other intervention is required to remedy the issue or avoid further recurrence.
- Costs will always be non-routine.
- Anywhere there is a mistake or opportunity for learning are non-routine; someone will get a kick in the backside as a result.
- These go to the OIC for withdrawal sign off.
- If costs are involved; *must* contain court extract of the costs and a statement of fines and penalties imposed.
# Re 49(1)(f) / (b)
- (b) is committed where you are pulled over.
- (f) is within three hours; e.g. this charge may differ as it is at the police station location.
- As a matter of course we normally WD (b) and proceed on (f).
- Keep in mind where the police station is at.