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LondonlawyerJ, Advocate
Category: Law
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Experience:  Solicitor with over 15 years experience.
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if all the details in witness statements are not correct can

Resolved Question:

if all the details in witness statements are not correct can a case be thrown out of a magistrates court
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
LondonlawyerJ :

Hello I am a solicitor with 20 years experience. I will try to help you with this. I can give you an answer based in legal principles but I may be able to give you a more useful answer if you tell me a little more. What charges whose statements (ie police or civilian, eye wittness or other witnesses) and in general terms what sort of details are not correct.


i am being charged with neglect by the RSPCA. The main witness, an RSPCA inspector, but in her statememnt that " it was clear he could see"( he being Spike ,my dog), this should be could not see.


a police witness statement is not signed and also a vet witness spelt my address incorrectly twice in their statement

LondonlawyerJ :

Thankyou. The position is that once the prosecuting authority has decided to charge and bring the case against you the first chance you get to have the case thrown out for an absence of evidence is at the end of prosecution case during the trial. You can make written representations to the RSPCA pointing out that their case is weak and inviting them to drop the case. That will be at their discretion. Issues like whether a witness can clearly see something or not is really an issue to be dealt with at trial by the magistrates. Incorrect spelling of an address is not likely to be something of any importance. It is common practice to serve unsigned statements and an unsigned will not comply with the S9 CJA rules governing service of written statements. However, it may be a print version of a handwritten statement contained in a notebook which has been signed. You can clarify this with the CPS or or with your solicitor if you have one.

LondonlawyerJ :

Basically the answer to the question as clarified is no.



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