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Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi I need some advice on what to do about a change to my court

Customer Question

Hi
I need some advice on what to do about a change to my court date.

I was meant to be going on the 14th to Stratford magistrates, then I received a letter last Friday stating the CPS had made an application to vacate the trial date. It goes on to say my views are required with regards XXXXX XXXXX being changed?

I called the CPS yesterday and first off they told me they couldn't give out any info as they would need to speak to my solicitor, even I told them I am representing myself! Then I was told I would need to speak to a manager and given another number which just went to a mailbox!? Finally after calling back several times I spoke to another member of staff who was slightly more helpful but was told there was nothing on the system and I would need to contact the court for an answer. I tried calling Thames magistrates but it was constantly engaged for over an hour...

I just need to know how to approach this and whether I should go tomorrow or object on the grounds that I was not given sufficient notice or information?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Unless you have hard from the court otherwise you SHOULD attend.
Alex Watts : Normally an application to vacate is dealt with by the court with both parties.
Alex Watts : So you should certainly attend the hearing as I am sure you are probably bailed to that date.
Alex Watts : If they are calling a witness who can't attend then you should oppose it.
Alex Watts : This is because if it is a trial and you are representing yourself, the court can make the CPS go ahead with the trial and it may collapse if this witness is vital.
Alex Watts : But go along tomorrow yes.
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-1r8mx70q- :

Hi Alex

JACUSTOMER-1r8mx70q- :

How will I find out if this is because the witness can't attend will they tell me tomorrow?

JACUSTOMER-1r8mx70q- :

Also there is only one witness to this a taxi driver, so I presume he can't make the date or has decided not to appear?

JACUSTOMER-1r8mx70q- :

I f that is the case then I presume if I object it will collapse?

Alex Watts : It is likely to collapse if the court refuse the adjournment.
Alex Watts : You won't be able to find out the reason until you attend sadly.
Alex Watts : Can I clarify anything else?
JACUSTOMER-1r8mx70q- :

One more thing do you think I need representation for this on the day, would it be necessary as if they say the witness can't attend surely I just object rather than paying £300 for a solicitor to attend?

JACUSTOMER-1r8mx70q- :

Also why can't the CPS advise me beforehand or provide any details?

Alex Watts : You can attend and object. You don't need a solicitor for that.
Alex Watts : The cps generally don't advise beforehand they just make the application
Alex Watts : Can I clarify anything?
JACUSTOMER-1r8mx70q- :

Ok so for any other reason other than the witness can't attend I should accept this?

Alex Watts : No. Ask for it to proceed.
Alex Watts : Make the prosecution go ahead and they may drop the case.
Alex Watts : Can I clarify anything else?
JACUSTOMER-1r8mx70q- :

Ok so to clarify I will object if they can't attend otherwise ask for it to proceed as per the original date?

Alex Watts : Yes
Alex Watts : Does that clarify?
JACUSTOMER-1r8mx70q- :

I think so, but isn't objecting to the application to vacate the same as asking for it to proceed as per the original date?

Alex Watts : Yes.
Alex Watts : If they have witness problems then the a
Alex Watts : Then the case will fail.
Alex Watts : Does that claiify?
Alex Watts : clarify?
JACUSTOMER-1r8mx70q- :

ok will they say directly if they have witness problems or how will it be worded?

Alex Watts : You just object for it being vacated. You just oppose it and say you want it to proceed.
Alex Watts : Does that help?
JACUSTOMER-1r8mx70q- :

Ok sorry as I'm representing myself I want to make sure I've got this 100% correct...I'm just going to object to it being vacated and say I want it to proceed whatever the reason??

JACUSTOMER-1r8mx70q- :

Also if he doesn't attend today what will happen?

JACUSTOMER-1r8mx70q- :

do I need to give grounds for my objection?

Alex Watts : Yes, you give grounds. You have been waiting, the application is not your fault, you are entitled to have your trial etc.
Alex Watts : You are asking for it to proceed
Alex Watts : Does that clarify?
JACUSTOMER-1r8mx70q- :

Hi Alex

JACUSTOMER-1r8mx70q- :

Apologies I've not contacted you sooner, but I have been pondering the days events..

JACUSTOMER-1r8mx70q- :

They court didnt even have my file when I arrived, it was shambolic to say the least..

JACUSTOMER-1r8mx70q- :

when they finally did track it down they said the prosecution had said they weren't ready previously, but once the file was found they stated they were ready to proceed?

JACUSTOMER-1r8mx70q- :

Any advice you can give would be appreciated..

Alex Watts : So he trial is going ahead?
Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

JACUSTOMER-1r8mx70q- :

Hi Alex, yes they have agreed to proceed but apparently the court may now be fully booked?

JACUSTOMER-1r8mx70q- :

Hi Alex, I just wanted to check if I need to ask more questions how is your knowledge on criminal law when it comes to damage etc?

JACUSTOMER-1r8mx70q- :

Also how does it work as far as payment etc?

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