TRAFFIC TRAINING SCHOOL [POLICE STAFF COLLEGE]

DOCKET COMPILATION

Handout

OBJECTIVES
By the end of the lesson, trainees will be expected to:-

1. Define correctly the term ‘docket’ without reference to notes.

2. Identify the four origins of a traffic docket without referring to notes.
3. Outline the six components in their chronological order of a traffic docket
without reference to notes.
4. Outline the three categories in traffic dockets classification as outlined in
the ZRP National Service Plan Guide 2020.

1.0 INTRODUCTION

All police work in relation to criminal actions culminates into a dossier called
‘docket’ laying out all available evidence. Public Prosecutors receive instructions to
prosecute in form of Police Dockets. A lot of cases are lost in court due to wrong
charges being put on dockets. Poor docket compilation always results in accused
persons walking out of court free as in most cases prosecutors decline to prosecute.
This unit avails content of good docket compilation so as to increase chances of
ensuring that justice is served.

2.0 DEFINITION OF TERMS

 A docket is an official record of the investigation of a crime which contains

systematically arranged documents pertaining to facts and findings of the
investigation process.
 A docket is a compilation of documents that are arranged systematically and
contain information or evidence which tells a story that tends to prove or
disprove a case.

3.0 ORIGINS OF A TRAFFIC DOCKET

A traffic docket can be originated from any of the following documents (origins):-
(i) Z.R.P. BOOK 52 [TRAFFIC ACCIDENT BOOK - TAB]
Traffic accident Book: - for all cases that emanate from road traffic accidents

(ii) Z.R.P FORM 221 [OBSERVATIONS: INTOXICATED PERSONS]

Observations: Intoxicated Persons: - for cases that arise from drunken driving
suspicious.
(iii) Z.R.P FORM 265 [NOTICE TO APPEAR IN COURT]

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Notice to Appear in Court: -For cases that arise from enforcements arrests and
end up being opened a Crime Register Reference.

(iv) Z.R.P BOOK 1 [SUDDEN DEATH BOOK]

Sudden Death Docket Book: - for all cases that emanate from death of a person
in a road traffic accident.

4.0 COMPONENTS OF A DOCKET

 The components of a docket should be properly arranged in SIWDRO fashion.

The acronym SIWDRO stands for:-

S - Summary of Case
I - Investigation Diary
W - Witness Statements
D - Documentary Exhibits
R - Radios
O - Other Documents

4.1 SUMMARY OF CASE

Two documents make up this component namely;

 Indictment (for High Court cases)/ Charge Sheet, and
 Summary of case.

a) Indictment or Charge Sheet (3 legible copies required)

 It contains the important averments against the accused person; it is upon the
charge that the whole case is based.
 It captures the names of the accused person correctly and fully.
 Cite the correct Section of the Legislation concerned and the correct wording
thereof.
 Make use of the ZRP Indictment Book which contains specimens of both criminal
and statutory charges.
 It may be made on a summary jurisdiction form [Form Z649(j)] or a summons form
[Form Z.566(j)] or on a Notice to Appear in Court [Form CP8E15].
 It is placed on top of all documents in the docket.
 The indictment should bring out all the four elements of a traffic accident
namely;
(1) A driver
(2) A road
(3) A vehicle
(4) Unlawful driving conduct

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AN EXAMPLE OF A CHARGE SHEET:-

Chitungwiza Traffic CR 178/08/16 CRB…… PP’s REF…….. Annexure “1”

SUMMARY JURISDICTION

In the court of the Magistrate for the Province of MASHONALAND EAST

Holden at Chitungwiza Magistrates Court

Before esquire, Magistrate

Name of accused : MOREFIRE GUDO Age: 30 years

[Hereinafter called the accused person]

Charged with the crime of C/S 51(1) of the Road Traffic Act [Chapter 13:11] “Driving
Witrhout Due Care and Attention.”

In that on the 16th day of August 2016 and at around 1800 hours, the accused unlawfully
drove a motor vehicle namely Toyota Gaia registration number ABC 1142 along a road
namely Harare- Chirundu Road at 34 km peg without due care and attention or
reasonable consideration for other road users.

b) Summary of Case (3 legible copies required)

 There should be flow of events and evidence.

 It should be short and precise.
 Compiled from witness statements elucidating the evidence available.
 Particulars of negligence of the case should be included on the summary.
 They are made on ZRP Form 52 [Summary of Case] or Outline of State Case or
Statement of Agreed Facts on plain papers.
 In case of Sudden Death Docket we use ZRP Form 43 [Summary of Sudden
Death] capturing names of the deceased.
 Its position is underneath the indictment or charge sheet.

 Types of Summaries in Police Dockets

• Summary of Case written on ZRP Form 52.

• Outline of State Case on flimsy/blank paper.
• Summary of Sudden Death Form 43.
• Summaries written on Investigation Diaries to indicate the progress of
investigation especially in serious cases.
• When submitting dockets for pre-annual or annual inspections to the
inspecting officers on Investigation Diaries.
• When submitting dockets for closing to the District Command on Investigation
Diaries.
• When submitting dockets to the Public Prosecutor requesting for his
decision/opinion in certain cases on Investigation Diaries.
• Particulars of negligence of the case should be included on the Summary.

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 Particulars of Negligence

Particulars of negligence should be endorsed on the Summary of Case and the

list below is not the exhaustive one:-

• Driving around a blind corner on the wrong side of the road.

• Travelling at a speed which was excessive in the circumstances.
• Travelling on the wrong side of the road
• Failing to stop or act reasonably when a collision seemed imminent
• Failing to keep a proper lookout
• Failing to sound a horn
• Failing to signal intention to turn
• Filing to keep car under proper control
• Cutting corners
• Driving without lights during the night
• Overtaking on the wrong side
• Overtaking at an intersection or junction
• Passing another car at the crest of a hill
• Travelling too close to the vehicle in front
• Turning across path of oncoming vehicle
• Failing to observe some statutory provision e.g. “give way to right”.

AN EXAMPLE OF AN OUTLINE OF STATE CASE

Chitungwiza Traffic CR 178/08/16 CRB…… PP’s REF…….. Annexure “2”

IN THE MATTER OF THE STATE

VS

RUBEN MUZA Aged 30 years

OUTLINE OF THE STATE CASE

1. The complainant is the State.

2. The accused is RUBEN MUZA, a male adult residing at number 15 Tsuro Street in
Mufakose Harare, a holder of a valid classes 4 and 5 drivers’ licence issued by
Central Vehicle Registry on 20/12/10.
3. On the 16th day of August 2016 at around 1800 hours, the accused was driving
his Toyota Corolla registration number ABC 1152 along the Harare /Mutare Road
from Mutare towards Harare with three passengers on board
4. The second party Moyo Vusa was driving a Honda Fit, along Harare-Mutare Road
registration number ABD 1206 from Harare towards Mutare.
5. On approaching the 7km peg along the said road, the accused person
attempted to overtake a UD truck which was going at the same direction and
collided head-on with a Honda Fit, registration number ABD 1206 which was
approaching from the opposite direction.
6. As a result of the collision, three people were seriously injured.
7. Both vehicles sustained extensive frontal damages.
8. The State alleges that the accused person drove his vehicle negligently to other
road users.
9. The State may call witnesses and produce documentary exhibits.
10. The accused was negligent in one or more of the following particulars of
negligence.
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Particulars of Negligence:-
• Travelling at a speed which was excessive in the circumstances.
• Failing to keep a proper lookout.
• Overtaking when it is not safe to do so.
• Failing to act reasonably when a collision seemed imminent.

4.2 INVESTIGATION DIARIES

 Used to log all events that take place during investigations.

 They show the steps in the investigation of the case ending with the summary of
case together with observations of police details submitting the docket to the
Public Prosecutor.
 Should be meaningful, comprehensive and investigative.
 The diaries should be numbered and arranged chronologically.
 The latest page should be placed on top of other diaries.

4.3 WITNESS STATEMENTS

 Statements are either plain or affidavits. They are recorded from;

a. Complaining parties
- First party or Second party with versions on pages 16 and 23 in TAB.

b. Independent Witness(es)
- These are not involved in the case and have statements on TAB pages 7, 8 or
9.

c. Detail attending the scene

- Police Officer who attend the accident case with sketch plan on TAB pages 24
and 25 and an opinion recorded on page 28 and 29 and other observations in
the TAB.
d. Expert Witness
- These include VID Inspector, Doctor, Forensic Scientist etc.
- Is usually in affidavit form

 Witness statements should be numbered and arranged in the docket in

chronological order, and facts must be recorded in sequence.
 The decision whether to proceed with any charge or not depends on the
sufficiency of evidence in the statements hence the statements should contain
all the relevant information that is set out clearly and logically.
 However all statements recorded by the police should follow basic guide lines
even though their layout, paragraph length, contents and general appearance
tend to differ.

4.4 DOCUMENTARY EXHIBITS

 These are documents that contain evidence used to prosecute the accused in
court, for example,

• Warned and Cautioned Statement

• Plans
• Post Mortem Reports
• Forensic Science Results
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• Vehicle Inspection Results

• Breathalyser Results
• Traffic Accident Book 52
• Observation Intoxicated Persons Form 221
• Accident Evaluator’s Report etc.
• NB Affidavits relating to chain of evidence are not exhibits and should fall
within the statement section.

 Chain Of Evidence

Chain of evidence is relevant in Traffic Cases that involve;

(i) Fatal Road Accidents
(ii) Blood Sample extracted in Driving Whilst Drunk (DWD) cases.

(i) Fatal Road Accidents

All witnesses that handled the deceased or witnessed the occurrence of the
road accident shall submit statements explaining the role they played in the
matter, for example;

• Attending Detail
• Independent Witness
• Ambulance Driver
• Doctor certifying deceased dead
• Porter
• Police Officer (Identification by body label)
• Pathologist

(ii) Blood Sample Extraction (in Driving Whilst Drunk cases)

All those that are involved in the arrest, examination, authorisation, extraction,
conveyance and production of a medical affidavit report will be considered
under chain of evidence; for example,

• Attending or Arresting Detail

• Police Officer of the rank of Assistant Inspector and above
• Doctor who extracted blood sample specimen
• Detail who conveyed the specimen of blood sample to the Forensic Science
Laboratory
• Forensic Scientist Medical Report

4.5 RADIO MESSAGES

 These are Police internal radio signals

 They include radio messages received or sent to other stations during
investigations.
 They are arranged in the docket in date order.
4.6 OTHER DOCUMENTS

 These are documents that do not qualify in the above categories like;
• Form 65,
• Form 66,
• Form 14,
• Form 76,
• Form 121,
• Form 36,
• Form 231,
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• Form 169,
• Form 170,
• Form 90 etc.
 It should be noted that all the papers placed in various sections should be
properly labelled and appear on the back of the docket cover, ZRP Form
17.
 Either ZRP Form 17 or 66 will be used as docket cover depending on the
number of papers in the docket.

5.0 CATEGORIES IN TRAFFIC DOCKETS CLASSIFICATION

 Under Traffic Docket Management there are three docket classification

categories in terms of investigation standards and docket finalisation which are,
Petty, Moderate, and Serious (without situations).

Petty

 These dockets are TABs relating to minor accidents where prosecution may not
be necessary but production of documents is relevant.
 Example are RITA (Reported In Terms of the Act) cases.
Moderate

 These dockets are those where prosecution is being considered but the
production of Previous Convictions (PCs) are not necessary.

 An example is C/S 51(1) of the Road Traffic Act [Chapter 13:11] ‘Driving without
due care and attention’.

Serious

 These are dockets where prosecution is being considered and where Previous
Convictions (PCs) are relevant.
 Examples are:-
 C/S 52(2) of the Road Traffic Act [Chapter 13:11] ‘Negligent Driving’.
 Culpable Homicide as defined in Section 49 of the Criminal Law
Codification and Reform Act [Chapter 9:23] a.r.w Section 64 of the Road
Traffic Act [Chapter 13:11],
 C/S 55(2) of the Road Traffic Act [Chapter 13:11] ‘Driving while under
influence of alcohol or drugs or both’.

 Targets for investigation finalisation in respect of these three situations should be as

follows: -

Finalisation Standards – as per 2012 National Service Guide

CLASIFICATION TIME
Petty Maximum 21 days
Moderate Maximum 30 days
Serious Maximum 60 days

6.0 TYPES OF TRAFFIC DOCKETS

6.1 CULPABLE HOMICIDE DOCKET

Correct Charge: - Culpable Homicide as defined in Section 49 of the Criminal

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Law (Codification and Reform) Act [Chapter 9:23] a.r.w Section

64 of the Road Traffic Act [Chapter 13:11].

NB: - Section 64 of the R.T.A [Chapter 13:11] draws attention to the court to
consider prohibition from driving and cancellation of licence of an
accused person upon conviction.

 Contents of a Culpable Homicide docket:-

 Summary of Case
 Investigation Diaries
 Warned and Cautioned statement
 Previous Convictions from C.V.R
 Previous Convictions from C.C.B after trial.
 V.I.D Report
 Accident Evaluator’ Report
 Scale/ Sketch Plans
 Forensic Science Report
 Traffic Accident Book
 Forms 221 [Observations: Intoxicated persons]
 The other party’s statement (if alive)
 Attending Detail’s statement
 Statement of the Detail who conveyed deceased to the mortuary if not
the attending detail.
 Ambulance Driver’ statement if deceased was taken alive to the hospital.
 Certificate of death by the doctor
 Porter’s statement
 Police Officer identifying deceased by body label statement.
 Pathologist’s Post Mortem Report.

6.2 SUDDEN DEATH DOCKET [SDD]

 Sudden death is death that has occurred as a result of unnatural causes e.g.
road traffic accident, faulty medical care, suicide by hanging etc.
 Contents of a Sudden Death Docket:-
 As per Culpable homicide docket above
 No Warned and Cautioned statement
 No Previous Convictions
 Statements are written in affidavit form so that oral evidence is dispensed
within terms of the CP & E Act (Chapter 9:07)
 Summary of Case is on Form 43
 Docket cover is Form 93
 Book One is completed
 SDD reference is opened and an index is made
 No criminal charge is laid against anyone
 Magistrate to be notified of any death within 30 days
 Documents should be forwarded to magistrate who will forward them to
Director of prosecution to determine whether an inquest should be
conducted
 Where investigations cannot be completed within 30 days an interim
report on Form 43 should be submitted to the Magistrate through the
district.
 Ensure that 30 days grace period is maintained
 After closure, book one will be filed separately
 OIC to address the docket to court.

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6.3 NEGLIGENT OR RECKLESS DRIVING DOCKET

Correct Charge(s): - C/S 52(2)(a) of the Road Traffic Act [Chapter 13:11]
‘Negligent Driving’

C/S 53(2) of the Road Traffic Act [Chapter 13:11] ‘Reckless

Driving’

 Negligence, is failure to exercise that care and skill which would be observed by
a reasonable person in order to prevent harm to others as a result of his acts or
omissions” 1927 R VS METRING.

 Reckless driving is where a person drives without any regard whatsoever for the
safety of other people, property or animals, or anything that may be on the road,
in other words, he is absolutely regardless as to whether he does damage or not.

 Contents of a Negligent or Reckless driving docket

 Summary of Case
 Investigation Diary
 Warned and Cautioned statements
 Witnesses’ statements
 Documentary exhibits
 Previous Conviction results
 Book 52
 Radios
 Other Documents

6.4 DRIVING WITHOUT DUE CARE AND ATTENTION DOCKET

Correct Charge: - C/S 51(1) of the Road Traffic Act [Chapter 13:11] ‘Driving
without due care and attention or reasonable consideration for
others’.

 Contents of a driving without due care and attention docket

 Form 11
 Form 66
 Book 52
 Witnesses’ statements
 Warned and Cautioned

6.5 DRIVING WHILST DRUNK, OR WITH PROHIBITED

CONCENTRATION OF ALCOHOL IN BLOOD DOCKET

Correct Charge(s): - C/S 54(2) of the Road Traffic Act [Chapter 13:11]
‘Driving with prohibited concentration of alcohol in
blood’

 C/S 55(2) of the Road Traffic Act [Chapter 13:11] ‘Driving

while under influence of alcohol or drugs or both’.

 Contents of a drunken driving docket:-

 Summary of Case
 Investigation Diary
 Warned and Cautioned
 Witnesses’ statements
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 Breathalyser Results
 Blood Sample Results
 Form 221
 Book 52
 Radios
 Other Documents

6.6 REFUSE TO SUBMIT TO A BREATHALYSER OR BLOOD TEST DOCKET

Correct Charge(s): - C/S 76(3) of the Road Traffic Act [Chapter 13:11]
‘Fails or refuses to submit to a breath analysis.

 C/S 77(6) of the Road Traffic Act [Chapter 13:11] ‘Refuses to

permit the taking of a blood specimen’.

 Contents of the docket:-

 As per drunken driving docket above but the breathalyser or blood
results will not be available.

6.7 HIT AND RUN DOCKET

 Hit and run is the act of causing or contributing to a traffic accident and failing
to stop and identify oneself afterwards.
 An accident characterised by one of the parties leaving the scene without
following the procedures required by the law, giving rise to the phrase “hit [a
person, car or object] and run [from the scene]”.

 Correct Charges connected with a Hit and Run accident:-

 In a Hit and Run case, the offender is first charged with the main charge (first
count) such as:-
o Driving without due care and attention
o Negligent Driving,
o or Reckless Driving etc., then followed by the following statutory
offences (counts) connected with a Hit and Run accident, as the
case may be:-

i. C/s 70[2][a]or[b][i] of the Road traffic Act, Chapter 13:11: [Fail to

immediately stop the vehicle after an accident]
ii. C/s 70[2][a]or[b][ii] of the Road traffic Act, Chapter 13:11: ‘Fail to ascertain
whether the person has been injured or killed after an accident’
iii. C/s 70[2][a]or[b][iii] of the Road traffic Act, Chapter 13:11: [Fail to render
assistance].
iv. C/s 70[2][a]or[b][iv] of the Road traffic Act, Chapter 13:11 ‘Fail to take all
reasonable steps to guard the corpse of such person after an accident’
v. C/s 70[2][a]or[b][v] of the Road traffic Act, Chapter 13:11 ‘Fail to give
name and address; and if he is not the owner of the vehicle; the registration
mark and number of other identifying particulars of the vehicle; and the
name of the insured, after an accident’
vi. C/s 70[5] of the Road traffic Act, Chapter 13:11 ‘Fail to report an accident
at a police station or to a police officer of or above the rank of sergeant
or such other rank as may be prescribed as soon as is reasonably

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practicable and, in any event, within twenty four hours of the occurrence
of such accident’.

 Contents of a hit and run case:-

 Summary of Case
 Investigation Diary
 Warned and Cautioned
 Previous Convictions from CVR
 Previous Convictions from CCB after trial
 Forensic Scientist Report
 Witnesses’ Statements
 Form 36 and other documents

6.8 R.I.T.A [REPORTED IN TERMS OF ACT] CASES

 Contents of a RITA case

 TAB only
 No charge is laid against anyone
 TAB will be closed as Reported in Terms of the Act by OIC/MIC.

End of Lesson!!!

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