Legacy Investigation Branch and the case sequencing model

Date asked:
Committee:Performance committee
Question type:Written

Through all its work, Legacy Investigation Branch (LIB) seeks to identify or develop opportunities to arrest, charge and prosecute offenders.  LIB does however recognise that opportunities to do so are often limited due to a range of factors including:

  • Forensic opportunities are often impeded by the lack of or deterioration of evidential exhibits
  • Case papers may no longer be available or complete
  • Witnesses recall and availability may have been impeded due to the passage of time.
    In the potential absence of criminal justice outcomes, LIB recognises the critical importance of the provision of family reports to provide families with as much information as possible about the circumstances of the death of their loved one within the confines of the law.
    The Case Sequencing Model (CSM) was designed and implemented to allow LIB to align its work to align its work to the Chief Constable’s purpose of keeping people safe and bring offenders to justice.  Family reports where appropriate, are produced following the review of cases in accordance with the CSM.
    There are 4 main aspects to LIBs CSM:
  • Contemporary Persons of Interest (CPOI)
  • Forensic Potential
  • Criminal Justice Status – those cases where no individual has been charged and/or convicted will feature higher on the CSM.
  • Case Progression – how advanced the case was when handed over from HET/SCRT/ReMIT to LIB. 
     
    The model does not discriminate between single family cases and those involving multiple victims and all cases are reviewed in accordance with the factors above.
    LIB have conducted reviews and investigations into 19 incidents from the CSM including 5 which have been taken out of sequence due to referrals under Section 35/5 of the Justice (Northern Ireland) Act 2002 from the DPP. Of these, 18 have related to single family cases.  Where reviews have identified potential investigative opportunities, no family reports are compiled until the conclusion of these enquiries. In addition, where enquiries have led to persons being reported with a view to prosecution, no family report will be considered until the outcome of criminal justice proceedings.
    LIB has also conducted reviews and/or investigations of a number of resource intense, complex cases such as Bloody Sunday and the investigation into the activities of the Military Reaction Force. None of these cases have as yet resulted in the completion of a family report.
    LIB have completed and delivered 2 family reports in the past year, both of which have been single family cases. In addition, a further 4 reports are under completion or are awaiting approval before release.  All of these family reports relate to single family cases.