No when I spoke to the solicitor's secretary this morning she said when we met on the 31/7 (5 days before the trial) they would do it then if necessary but didn't know if it would be agreed to
I've switched onto my private PC from my work's laptop - just establishing the connection
My son in law is due to appear in court in 19 days time on a sexual assault allegation (he is innocent). The initial hearing was the 8th June at which point the magistrate told the CPS to hand over evidence to our solicitor within 7 days, this has not yet happened. Our solicitor cancelled (yet again) today's meeting as this evidence has not been handed over and therefore we cannot plan our defence. The next meeting has been scheduled for 30th July - 6 days before the trial. I asked today could a postponement be requested due to the fact that CPS had not yet handed over this evidence and I was advised that they could try and get a postponement but the magistrate might not grant it. Every time we have met with the solicitor even on the initial hearing date a new member of staff appeared from the solicitor, I do feel they are not giving sufficient attention to something that could affect my son in law for the rest of his life if he is found guilty. Advise would be welcome please, should we look for a new defence solicitor. I was advised this morning that when we meet on the 31/7 the solicitor might then make an application to court for their failure to disclose but it might not be agreed by the magistrate
Is this standard practice - CPS not handing over evidence when instructed by magistrates, I feel there is little being done by our solicitors to pull together a defence case and wonder if we should get another defence solicitor
It is in Magistrates court!
Initially my son in law was offered a caution - not knowing what this involved (sex offenders register etc.) we thought this was a quick conclusion to a horrible situation. When we discovered the full facts ourselves he had no option but to take it to court and plead not guilty. He was never advised to take it to jury.
He has always stated he is not guilty. Not remanded. We are paying privately as he does not qualify for legal aid as my daughter has high earnings