How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Family Law
Satisfied Customers: 69371
Experience:  Over 5 years in practice
12826847
Type Your Family Law Question Here...
Jo C. is online now

Need advice on CPS non compliance upcoming court case please

Customer Question

Need advice on CPS non compliance for my upcoming court case please
Submitted: 4 months ago.
Category: Family Law
Expert:  Jo C. replied 4 months ago.

How can I help with this please?

Customer: replied 4 months ago.
I attended court on 23rd May 2016 as I was charged for not providing a specimen to the police. I pleaded guilty to this, but there was a Defence Statement to say that I had been seen to have been driving whilst under the influence of alcohol. I pleaded not guilty to this as I was not driving when the police arrested me. I consumed the alcohol after I had parked the car. However they say that a witness had seen me driving in the area in an erratic manner, but the witness statement was not produced. The court ordered for it to be produced by 20th June. This has not been done, so I consider the CPS to be non-compliant.
I am representing myself and am currently corresponding with the CPS and would like to know how to progress this before my next hearing on 29th July.
Expert:  Jo C. replied 4 months ago.

I'm not sure there is any point in doing that. All you will do is give them an opportunity to put it right.

However, if you are intent you can write to CPS asking for the statement and making clear you will have it listed for non disclosure if they do not.

They probably will not. They are in meltdown. If they didn't waste all their resources on false allegations of sexual abuse they might have time for proper crime.

If they do not, then just get the court to list it for non disclosure.

If I were running this case though I would just let them fail to comply with their obligations as tactically that is much better.

Can i clarify anything for you?

Jo

Customer: replied 4 months ago.
I would like you to clarify why you think I am giving them an opportunity of putting it right? My thoughts were that they are in default so I could ask it to be quashed in view of them not providing me with it on the due date. I can say that I do not have adequate time to prepare for my case. What do you think?
Expert:  Jo C. replied 4 months ago.

Because you are asking them to disclose.

Therefore there is a risk they will.

Therefore advantage is lost.

You will lose on the point that you do not have adequate time to prepare. If they serve this statement even a few days before the court will say you have long enough.

There is no chance of it being quashed on that basis.

Even if they served on the morning of court you do have time to prepare. You could ask for an adjournment if there is other evidence to secure.

Customer: replied 4 months ago.
OK thank you so much, this has been very helpful.
Have a good day:-)
Expert:  Jo C. replied 4 months ago.

No problem.

All the best.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Last | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    133
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/UK/UKfamsol/My face July 2011.64x64.jpg UKfamsol's Avatar

    UKfamsol

    Family Solicitor

    Satisfied Customers:

    240
    Very experienced specialist family law solicitor, qualifed in 1994
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    182
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)