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Up to what point can the CPS change the charges? I believe they intend to drop a number of them for the next hearing. If I plead not guilty, between then and trial could they reinstate the charges they previously dropped? And what may happen if the CPS fail again to prepare an indictment by the next date? May the judge act to stop the process? Forgive me but I have been on bail for nearly 2 years now and any further protraction is particularly painful.
Thank you for that. Further, a probation report has been ordered before the next hearing. Does the judge review if there is sufficient evidence to rule if there is a case to answer at this point, and do they do so before or after the entering of a plea? In such case would the probation report be studied to inform that decision as an indication into the extent of culpability?
No, as I say, no plea was entered or requested, however my barrister proposed that a guilty plea would be expected at the adjourned hearing. As such the judge ordered a probation report be prepared. One final question as I understand this is getting tiresome. Are the plea's requested before or after 'half time'?
Sorry, but further on this as it's apparent this is something I need to chase up. This has happened as described,I went to a plea and case management hearing, a 'stand in' barrister called me early to the door; mentioned that the prosecution had not prepared an indictment, that the hearing would be adjourned and no plea would be requested.When my case was called 'my' barrister challenged some of the charges listed on the charge sheet as per previous discussions with my solicitor, the prosecution agreed verbally those charges would not be pursued. I was not asked to plead. 'My' Barrister said something along the lines of 'there is an indication this will be a guilty plea' (which he later explained was simply to preserve the credit for as long as possible and did not bind me to pleading that way)The judge then gave a date for the adjourned hearing, rebailed me, ordered a probation report that I would be expected to cooperate fully with. The probation representative then caught me at the door to confirm my contact details and said they'd be in touch.The issue is now that this feels completely wrong. Especially now, speaking to family we believe the best course of action is to challenge the indictment again on all remaining charges because there is no evidence at all produced to the requisite level of mens rea in this case (in cases such as this it is an important element and usually easily proved and given prime position in the prosecutions case).Yet, the judge has ordered me to cooperate with the probation service in the writing of a report. I don't even know what the indictment is, because it has still yet to be produced. IF the probation service contact me before I am due to meet my barrister, what would you suggest my course of action?
Thank you for your help. It has helped me gain a little focus at what is a very hectic time. Good night and all the best.