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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70198
Experience:  Over 5 years in practice
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If a person appeals a conviction Summary offence at Magistrates

Resolved Question:

If a person appeals a conviction for a Summary offence at Magistrates Court to the Crown Court, that is heard in the normal manner by way of re-hearing the case, can the CPS decide not to proceed to offer evidence and if so is the previous conviction overturned.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Yes, the Crown can offer no evidence. If they then the conviction and anything that flows from it is overturned.It is a complete rehearing of the case so those options are open.Can I clarify anything for you?Jo
Customer: replied 1 year ago.
So would it be appropriate, for a person representing themselves, to write to the CPS, without prejudice, prior to the appeal presenting argument as to why it may be better for them not to proceed with it.?Further, when you say all things flowing from it would also be overturned, does this include the situation when a restraining order was ordered alongside the conviction? Would this also be overturned, if the CPS decided not to proceed, or could they choose not to proceed with the conviction but to want to argue to retain the restraining order.
Expert:  Jo C. replied 1 year ago.
Yes, can do. It is not likely to achieve anything but you it can do no harm.Yes, a restraining order would be removed unless the Crown applied for one upon acquittal.
Customer: replied 1 year ago.
Is there a limit to the costs that can be charged against the appellant should they lose?
Expert:  Jo C. replied 1 year ago.
Yes, there is a limit but it would be about £300-£600. It is not a huge amount.If this is domestic nonsense then it is probably worth an appeal.
Customer: replied 1 year ago.
You have it one - domestic nonsense and a distortion of the law's intention.If the CPS ask for Special Measures barring the appellant from cross examination and the appellant will not appoint an advocate, and the court chooses not to appoint one for them, then can the appellant proceed on the basis of written evidence and testimony alone, or will the appeal fail because the CPS witnesses cannot be cross examined?
Expert:  Jo C. replied 1 year ago.
Yes, most domestics are twaddle. If they had to pay even £5 to summons up the police you would never hear about domestic violence again.You can't cross examine her in person. The court appointed advocate will do the cross examine whether you agree or not I'm afraid.I suppose that if you refused to give instructions then he could not and there isn't a clear policy upon what would happen then. I suppose they would apply to read it hearsay although I'm not sure on what basis.
Customer: replied 1 year ago.
At Magistrates they said that if I didn't give instructions to the Court appointed Advocate, I would be found guilty anyway, because I hadn't had the witnesses cross examined and therefore I was suggesting what they claimed was true. Of course I regard their testimony as false but I would rather not have them cross examined, as I think this is colluding with the charade taking place, and I would rather rely upon my written and oral submissions - is this possible in law?
Expert:  Jo C. replied 1 year ago.
Magistrates make things up as they go along. They are not a respected tribunal.I suppose that you would be disallowed from cross examining. Not that it has much effect at the Magistrates. They convict far more than they shouyld.You could refuse to cross examine but then her evidence will be accepted. If things aren't put to the witness then you cannot rely on them. There is a duty to the witness to put the case and give them the opportunity to comment on it.
Customer: replied 1 year ago.
A District Judge heard the case at Magistrates, so do all the things above that you have advised still apply?Can I give the court advocate a list of questions I want answered?Can I have as many asked as I feel necessary or is there a limit?Can my closing speech be as long as I want or is there a limit?
Expert:  Jo C. replied 1 year ago.
They are mildly more respected. Yes, you can but he is not bound to follow them. He has to put your case but he doesn't have to ask the specific questions you suggest.No, there is a limit. Generally speaking, you want cross examinations to be quick.There is a limit.
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Customer: replied 1 year ago.
Thank you for all your answers. They have been very helpful. Warmest wishes, Jonathan