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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69362
Experience:  Over 5 years in practice
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I have been summons to court to face an allegation of Common

Customer Question

I have been summons to court to face an allegation of Common Assault (Section 39) which I strongly plea not guilty. However, I've been told that I cannot see the prosecution evidence against me 48 hours before the trial. Is this correct?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
The case should have been handed to you at the time of your first appearance in court?
Customer: replied 1 year ago.

Hi,

I will be enter a plea on the 13th february 2015 - which will be a not guilty plea. However, can I see the evidence / prosecution papers before I enter my plea which is in 3 weeks time?

Thank you

Expert:  Jo C. replied 1 year ago.
No.
That is not your trial date. That is just the date of first appearance.
I would actually be surprised if they give it to you at all before that hearing. Normally they hand out advance information on the morning of the first appearance.
Your trial date will be set on the 13th and probably two months or so in the future depending on court listings in the area.
There is no capacity to get the information any earlier unless CPS in your area have a different policy which is not likely. It never makes sense to send out advance information to defendants. Apart from anything else, many defendants have chaotic lifestyles and would lose the case and so their solicitors would never have vision of it.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

Thank you for your response.

Am I able to gather evidence and provide this to the solicitor, and could she / he still provide this to the CPS before the trial date?

Thank you

Expert:  Jo C. replied 1 year ago.
It depends what you mean by gather evidence. You can gather your own defence witnesses if any exist.
A solicitor can approach CPS but there is absolutely no point. They will not consider it. Further, no legal aid for court will be in place so a solicitor will probably not act.
Customer: replied 1 year ago.

Apologies, what I meant to say is my solicitor able to request the prosecution:

- request copy of phone records (i.e. I am aware that the consent is required from the claimant) if evidence / suspicion can prove the claimant has lied within their statement;

- request copies of their medical records;

I do not understand what you mean that there is no point to approach the CPS? I was of the understanding the CPS can terminate proceedings at anytime. Therefore, if further evidence becomes available.

I am aware of the Legal Aid process - and to the effect will not be entitled to such Aid. However, that is not my concern as I am prepared to incur the solicitor fees if my plea is 'not guilty'.

Expert:  Jo C. replied 1 year ago.
Not at this stage.
CPS serve their evidence on you at the time of the first appearance. If you want more information you have to submit a defence case statement which prompts secondary disclosure. They have to disclose anything that undermines their case or assists yours at that stage.
Customer: replied 1 year ago.
I have been given a trial date regarding Section 39 - Common Assault, which I strongly deny and have entered a 'Not Guilty Plea'. However, in Court the Magistrates made three directions.
1. You shall not be permitted to cross examine Catherine Ashworth or Abigail Kingsberry.
My question is: 'how can this be a fair hearing / trial if I do not have right to examine witnesses against an accused?
Can you please advise?
Expert:  Jo C. replied 1 year ago.
What would you like to know about this please?
This is obviously an old question now and I notice you have not left feedback for my original answer so I wonder if you could do that now.
Customer: replied 1 year ago.
Sorry Jo, but not sure how this is an old question, and why one would say" what would I like to know about this please?" The fact is its a new question. A little baffled, however thank you for your time.
Expert:  Jo C. replied 1 year ago.
If it is a new question then you will need to ask another question about on a separate post.
All the best

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