approaching a court case do police have to inform you of any witnesses agaist you?

Question

I am pleading not guilty the police facts sheet says there are no witnesses. do they have to tell me if they have witnesses.
How do they operate

Answer 1

I am assuming you're in Australia as that's where this question was posted.

Whilst the police conduct criminal investigations and charge the accused, this is where their involvement will end (apart from police testimony in court). The DPP (Director of Public Prosecutions) will then take on the case and handle your prosecution.

There is a pre-trial discovery process that both the accused and the prosecution must comply with - this is where both parties are made aware of any evidence, witnesses etc. If you have a lawyer, they will be aware of this.

It is unlikely that the DPP would have no witnesses. Generally the investigating officer or arresting officer will testify about the evidence they found, any comments you may have made in interview etc. The victim may also appear as a witness if for instance it was a crime against the person, such as an assault or rape - something that they could testify on.

My thoughts are that the police fact sheets that you are referring to are actually the police report - not a witness list. If you are accused of a crime where no-one saw you or heard you committ the said crime (such as burglary etc) the police would not have any witnesses.

The DPP will look at the police report determine whether there are any witnesses (if any) that could testify in your prosecution, and if not would just call the investigating officer.

I would really recommend that you get a lawyer - check out legal aid if you're eligible. Otherwise contact the DPP and ask for a copy of the witness list.

Answer 2

It depends. If a traffic violation I know of no rule in my state requiring a witness list, but it would be obvious that the cop that wrote the ticket is the witness.

In any misdemeanor or felony case in my state, you must get all discovery including a list of witnesses at least 10 days before trial. You also need to file a motion for discovery way before the 10 day deadline.

I don't know what a police fact sheet is, but I have a hard time believing the police say there are not witnesses. If there are not witnesses then how in the world did a charge get filed in the first place.

Answer 3

The police do not handle this part of the legal system. All they do is testify in court cases. You need to have your lawyer confer with the prosecutor's office to see what evidence and witnesses they have.

Your lawyer will have to disclose what evidence and witnesses you have for your side, but that a matter best left to actual lawyers.

Do not try to represent yourself in court unless you are a lawyer. It would be like performing surgery on yourself; possible if absolutely needed, but best left to highly trained professionals. The courts are required to provide an attorney if you cannot afford one of your own.

Answer 4

The police don't have anything to do but deliver you to the court.

The DA is responsible for trying you and providing witnesses.