I was arrested and charged with assault when i answered police bail four weeks later i was charged with common assault and given a court date. At the magistrates court the case was adjourned for three weeks as my solicitor did not show. How can i obtain the tapes from my interveiw and the statements of others that are held about me? There are no witnesses and no CCTV to clear me so what can i do?
2006-11-28 05:47:09 · 23 answers · asked by David S 1 in Politics & Government ➔ Law & Ethics
If your next appearance is more than ten days away it may be worth writing into the CPS yourself and asking for advance information/advance disclosure. They are legally obliged to provide you with this under the European Convention on Human Rights/Human Rights Act but only if they are asked to provide it.
Here is a link:www.cps.gov.uk/local/index.html, as I don't know whereabouts in England and Wales you are located.
If your second appearance is imminent, you need to get to a solicitor and they will get the papers for you at court. Your solicitor should go through the statements etc. with you before advising you as to how you should plead.
Peace.
2006-11-28 07:01:56 · answer #1 · answered by overnight celebrity 5 · 0⤊ 1⤋
Technically , you are personally entitled to reveiw the evidence, known as disclosure.
However, the police can be difficult and awkward, the weight of a legal representative is usually enough to force the situation.
You do have entitlement to see it, it is law.
However, it does not always contain all the evidence and the evidence it does show is in a context to mislead the defendant so as to give advantage to the prosecution.
2006-11-28 06:32:00 · answer #2 · answered by ? 3 · 0⤊ 0⤋
hi Dave, you can get all that's against you on your first court date. when the cps arrive at court you wont get it before this, do your self a favour get a brief they work wonders in your favor and they can get the tapes. by the way if the solicitor you got is playing up get rid of him now theres plenty out there, regards
2006-11-28 06:06:06 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Discovery
2006-11-28 05:53:22 · answer #4 · answered by Steve D 2 · 0⤊ 0⤋
Consult your solicitor as a matter of great urgency. Why did your brief not put in an appearance?. You need to speak to the solicitor.
2006-11-28 05:55:53 · answer #5 · answered by breedgemh_101 5 · 0⤊ 0⤋
By law they must provide you with the evidence they plan to use so you can defend your self, however there are loop holes so the best way to do this would be to obtain a lawyer and have him/her do this for you. Good Luck!
2006-11-28 05:51:25 · answer #6 · answered by LesHug 4 · 1⤊ 0⤋
If you've pled not guilty, your solicitor should get copies of the witness statements and discuss with you prior to your trial.
2006-11-28 05:50:31 · answer #7 · answered by Buttsmear 6 · 0⤊ 0⤋
You are entitlted to see all evidence against you in a criminal court case. Its called disclosure. Youre attorney should ask for full disclosure.
2006-11-28 05:50:08 · answer #8 · answered by Jonny B 5 · 0⤊ 0⤋
Your lawyer/solicitor is supposed ot have that provided to him as part of discovery and disclosure rules.
If he doesn't have it, he cannot adequately represent you.
2006-11-28 05:57:16 · answer #9 · answered by dapixelator 6 · 0⤊ 0⤋
When preparing, swap out the butter for one of them.
2017-03-11 01:47:14 · answer #10 · answered by ? 3 · 0⤊ 0⤋