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Jo C.
Jo C., Barrister
Category: Family Law
Satisfied Customers: 70505
Experience:  Over 5 years in practice
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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: 1 year ago.
Category: Family Law
Expert:  Jo C. replied 1 year ago.

How can I help with this please?

Customer: replied 1 year 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 1 year 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 1 year 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 1 year 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 1 year ago.
OK thank you so much, this has been very helpful.
Have a good day:-)
Expert:  Jo C. replied 1 year ago.

No problem.

All the best.