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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70200
Experience:  Over 5 years in practice
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hi can you please tell me if by law on a murder trial with

Customer Question

hi can you please tell me if by law on a murder trial with a conviction does the evidence have to be retained for a certain amount of time thank you
kind regards diana
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 3 years ago.


Hi Jo I am looking into a murder that a friend of mine was wrongly convicted of in 2009 in the papers there was an ANPR image that was stored on the homes system but deleted by to retired officers I am aware that ANPR images r only held on the council system for 90 day this image is very murky and you can not see the number plate so I have been asking for the original image that is stored on Holmes I have been in touch with Alison saunders head of cps without much joy I am working with my MP who is very helpful I am sure I was told by a legal person that trial information has to be stored for 30 years is this true thank you

Expert:  Jo C. replied 3 years ago.
So you want sight of evidence that was presented at the time of the original trial?
Customer: replied 3 years ago.
Yes I am having great trouble getting this the blurred image was aloud in by the judge
Customer: replied 3 years ago.

is there an obligations of the police/CPS to retain information in criminal cases.for a period of time

Expert:  Jo C. replied 3 years ago.
If it was allowed in at the time of the original trial then it should have been disclosed to the solicitors acting for your friend.

They should have retained the case papers for six years although it will be in archive now. He can sign a disclaimer allowing you to have access.

They will not give you the originals but they should let you have a copy if he agrees.

Its usually best to pursue the normal appeal options though

The Crown will have retained this evidence at least until all appeals are exhausted but they won't disclose it to you I'm afraid.

Can I clarify anything for you?

Jo
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.


is it a law to retain papers for 6 years or do they just do this not all appeal are exhausted we are working on a ccrc appeal now

Expert:  Jo C. replied 3 years ago.
No, those are just professional rules.

Usually with serious offences the Crown keep them indefinitely.

The Crown will disclose that type of thing to a legal team if there is a further appeal.