How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

Jo. Hopefully you might remember my case? It involved me

Resolved Question:

Hi Jo. Hopefully you might remember my case? It involved me being caught speeding but speed signs where unreadable due to vandalism (probably).
Plead not guilty and now have new date for hearing 2/5/16.
My question is what do I do with my evidence?
Only experience I have of court was small claims where I was told to send evidence in at least 4 days before hearing.
No such instruction this time.
Surely Magistrates need to see my evidence before hearing so they are familiar with case when I present evidence at hearing?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi what evidence exactly do you have?
Customer: replied 1 year ago.
I have a video of the route taken, downloaded onto DVD, from the drivers point of view, showing that one sign has been turned and is very difficult to read, another sign is impossible to read as it has been turned 90 degrees away from the driver and a third is only visible for a few seconds as it is behind a wall. I also have still photos of these signs, taken on foot, showing these signs from different angles. The third sign is the one that is only visible from 37.75 metres rather than the legal "clear visible distance" of 40 metres for a 40mph zone.
I also have a letter from the local authority stating that checks are made along this road monthly by means of a driven inspection to see if maintenance of signs is needed. The letter says no maintenance has been carried out since 2003.
Expert:  Jo C. replied 1 year ago.
Ok. I suppose you haven't disclose this to the Crown?
Customer: replied 1 year ago.
No, not yet. There has absolutely been no mention of evidence and what to do with it.
Initially it was just a letter from the magistrates court asking me what I was pleading and how to plead.
Now that I think about it there was also a form asking me to write down any mitigating circumstances which I did.
Customer: replied 1 year ago.
I thought that once I plead "not guilty" I would be told what to do with any evidence I had as per my dealings with the small claims court.
Expert:  Jo C. replied 1 year ago.
Yes, Magistrates courts don't assist the lay person. It isn't a court designed for the lay person.Who made the recording?
Customer: replied 1 year ago.
I did
Expert:  Jo C. replied 1 year ago.
You can exhibit it when you give evidence then so you don't need to worry about getting a S9 statement from the creator.The Crown are entitled to sight of it.
Expert:  Jo C. replied 1 year ago.
If this is in for the 2nd May then you have time to disclose.If you can make a copy and send it into CPS with an accompanying note that you will be relying on it then that would comply.I will be amazed if they look at it at all.
Customer: replied 1 year ago.
I plan to do this properly. I have made 2 copies of the video as well as 2 copies of all the photographs. The photographs are numbered and I gave written an explanation of what is being shown on the video. Of course I have written a statement which has numbered paragraphs too.
When you say send it to the Crown Prosecution Service do you mean for me to send it to the magistrates court the hearing will be held at?
You say you'll be amazed if they look at it. If they don't how do you think this will play out? Will it be adjourned?
Expert:  Jo C. replied 1 year ago.
No, to CPS in advance.You should really take to court five copies of any photographs: three for each of the Magistrates, one for the clerk and one for the witness.
Expert:  Jo C. replied 1 year ago.
Although they do regularly have to make do with just one and they find ways around it.
Customer: replied 1 year ago.
Ok. What's the address of the CPS.
More copies of everything won't be a problem.
My main concern about not giving evidence to magistrates in advance is how will they look at video if they don't know they need a DVD player?
So, just to recap. I need to send a copy of everything to the CPS and make sure there's enough copies of everything for everyone when I go to court (about 5) although there won't be any witnesses apart from myself.
Is that correct?
Expert:  Jo C. replied 1 year ago.
It depends where you are.Usually it would be on the documentation you are sent as they will send out their case.The Mags will be able to produce a DVD player. They are in court quite often.you can always play it on a laptop anyway. You could notify them in advance though of your intention to produce DVD.
Customer: replied 1 year ago.
I'm in Newcastle upon Tyne.
There has been no sign of a CPS address on any communication I've had from them up to this point. It's all been about the magistrates court.
To be honest, up to now, everything has been geared towards me pleading guilty. The idea that I might plead not guilty seems to be an afterthought.
Will have to carry this on tomorrow Jo, when are you back online?
Expert:  Jo C. replied 1 year ago.
Yes, that is typical Magistrates.I'm in court on a couple of mentions in the morning but should be back by the afternoon.
Customer: replied 1 year ago.
Hi Jo.
I've been reviewing our conversation from yesterday and realised I'm not really any clearer on what I need to do at this point.
Let's assume you had looked at all my evidence and had decided I had a really good case and should win. If you were my solicitor or even running your own case. what would be your course of action up to the date of the hearing?
Customer: replied 1 year ago.
I suppose what I'm asking you to do is take me through it step by step in a list format if that's OK?
Customer: replied 1 year ago.
Hi again. Please refer to my questions from earlier today (12.08 and 12.21). I need further advice. Have no problem rating your service once I have had the advice I need.
Look forward to hearing from you but have retired for this evening.
Thank you
Expert:  Jo C. replied 1 year ago.
I'm not sure what I can add really.You have to serve the DVD you really upon. There isn't really anything more to it than that. The Crown are entitled to sight of it.
Customer: replied 1 year ago.
Hi Jo. I'm finding your advice particularly vague.
I asked you to list the procedures you, as a lawyer, would take in this case if you were running it. Your answer was "you have to serve the DVD you really (rely) upon. There really isn't any more to it than that".
What happened to the step by step instructions I asked you for?
My plan, based on some of your advice, is this:
Send a copy if all evidence, including DVD to my local CPS.
Initially, send a copy of all evidence including DVD to magistrates court hearing is to be heard at.
Take 5 copies of all evidence to court on day of hearing.
Is that correct or if not strictly correct, will it cover everything that needs to be legally done?
Expert:  Jo C. replied 1 year ago.
Ok. I will opt out for you.
Expert:  Nicola-mod replied 1 year ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.
Hi Nicola.
My name is ***** ***** I can wait a few days or so for the right professional to look at my question.
However, I don't believe my question is particularly awkward, I only need advice on court procedure with regards ***** *****
I am defending myself and have all my evidence ready but don't know what to do with it. Who do I send copies of evidence too (if at all) and for when and what do I take to magistrates court on the day.
I will go into more detail with my allotted professional.
Thank you
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Just to be clear, what else it is you would like to know?Alex
Customer: replied 1 year ago.
Hi Alex.
Hopefully you can give me an answer to what I think is a straightforward question.
I am due in magistrates court on 4/5/16 to defend myself on a charge of speeding after pleading not guilty in the first instance.
My question is what do I do with the evidence?
Obviously I am not trained in the legal profession or have experience of courts.
Can you tell me who I send copies of evidence to and when? eg send copy to??? by??? Then send copy to??? by??? Mark all envelopes???
Despite several requests the only advice I could get from your colleague was that I should take 5 copies to court for the magistrates, clerk and witness.
Surely someone somewhere needs to see all the evidence before the date of the hearing so they are familiar with it on the day?
I will have to go to bed now so there is no panic for an answer. When do you think you will be online tomorrow?
Thank you
Expert:  Ash replied 1 year ago.
You need to produce 3 copies to the court and take it with you. You also need to post one copy to the CPS who are prosecuting. Their address and reference number will be on documents you have been sent.If you don't have it then take call the court and ask. You should also take two spare copies to court, one for the witness and one for the prosecution in case they don't have it.You just post the evidence with a covering letter to the court and the cps.Can I clairfy anything for you?Alex
Expert:  Ash replied 1 year ago.
.
Customer: replied 1 year ago.
Thank you Alex.
I can't understand why your colleague found that so difficult to do.
Ok, so when sending the copy of evidence to the CPS shall I include a covering letter that shows the case number ***** explains what I have sent them?
Should I include a copy of the letter they sent me (it was the letter telling me the time and place of hearing and the offence)?
My evidence includes a DVD. Obviously I will send a copy to the CPS but how many should I take to court? One for everyone would look organised and thorough but it it nesaccary?
Expert:  Ash replied 1 year ago.
No, just a covering letter saying what you have enclosed with the case number.That is it. Take one dvd to court but you need to let the court know they will need a DVD player, or take your own laptop.
Expert:  Ash replied 1 year ago.
Does that clarify? Alex
Customer: replied 1 year ago.
We're getting there.
When you say let the court know we'll need a DVD player do I let the "magistrates" court know via a letter or do I inform the CPS when I send them a copy of all evidence including the DVD?
Sorry if I'm being a bit slow on the uptake
Expert:  Ash replied 1 year ago.
Write to the Magistrates Court and let them know. The CPS wont tell the Court, thats up to you. But obviously you will send a copy of the DVD to the CPS anyway
Expert:  Ash replied 1 year ago.
Can I clarify anything else? Alex
Customer: replied 1 year ago.
Ok, nearly done.
Remembering that the hearing in on 4/5/16 what is the latest I should get my evidence to the CPS?
And just checking, the magistrates don't need to see ANY evidence until the hearing. If this is correct would it just be a waste of time to send a copy of evidence to the court beforehand or would they find it helpful? Or more to the point would it help me?
Expert:  Ash replied 1 year ago.
You should do it now if you have it but certainly not less than 7 days before the hearing.The Magistrates won't look at any evidence before a hearing, no.
Expert:  Ash replied 1 year ago.
But send a copy beforehand so the court are on notice you may want a DVD player.Does that clairfy? Alex
Customer: replied 1 year ago.
So, although the court won't look at any evidence before the hearing I SHOULD send them a copy of it all, including the DVD and inform them we'll need a DVD player at the hearing. Is that correct?
Expert:  Ash replied 1 year ago.
Correct. The Legal Adviser at Court may look at it beforehand, but the Magistrates wont.
Expert:  Ash replied 1 year ago.
Does that help? Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice