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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3695
Experience:  Solicitors 2 years plus PQE
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im a witness in court and the accused has evidence against

Resolved Question:

hi im a witness in court and the accused has evidence against me can I see this evidence or get a copy
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Is this for a civil or criminal claim?
Are you just a witness or a claimant or defendant?
Kind regards
AJ
Customer: replied 2 years ago.

hi I am a witness a neighbour despute

he is being taking to court for an injunction and repossion.

he has handed in evidence against me i.e photos and complaints

can I obtain these as the housing associtation has got them

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Who are you being a witness for? The housing association or the neighbour?
Has this evidence been communicated to anyone?
Kind regards
AJ
Customer: replied 2 years ago.

I am a witness for the housing association.The housing association has the evidence

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
They do not have an obligation to give you the evidence. However if the evidence is not relevant to the proceedings then the person that us using the so called evidence could be guilty of defaming you.
Have the Housing Association refused to give you the evidence?
Kind regards
AJ
Customer: replied 2 years ago.

Yes they have refused but it might have my children in the photos or have been taking on my property

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Have you signed your witness statement yet?
You could refuse to appear as witness unless they agree to give you the evidence? The only risk you run is if your witness statement is essential you could be ordered to court to give evidence anyway.
As an alternative course - you could pay £10 and make a Subject Access Request to the Housing Association - they would then be obliged to deliver up any personal information they held on you https://ico.org.uk/for-organisations/guide-to-data-protection/principle-6-rights/subject-access-request/
I look forward to hearing from you.
Kind regards
AJ
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