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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31861
Experience:  Over 5 years in practice
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I was in crown court with a judge and 2 justices, the crown

Customer Question

I was in crown court with a judge and 2 justices, the crown prosecution had a voir dire case which after evidence was viewed it was confirmed my confession under s78 pace was inadmissible , the justices were present during this case within a case, The judge found that she held little to no weight on the evidence, but found me guilty as her honour didn't believe me. Is this how the courts work! The prosecution didn't prove their case beyond reasonable doubt but I was found guilty as the judge didn't believe me. Isn't this a violation of pace and article 6 of the human rights act. The judge adduced facts that the procecution didn't prove?
Submitted: 6 months ago.
Category: Law
Expert:  Nicola-mod replied 6 months ago.
Hello,
I've been working hard to find a 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
Expert:  Jamie-Law replied 6 months ago.

Hello my name is ***** ***** I will help you with this.

I assume that this was the decision under appeal?

Customer: replied 6 months ago.
This was the decision under appeal, I was involved in an minor RTA we swapped details the other party left. I was waiting for my car to be recovered due to a broken side mirror and a flat tyre. I drank after the accident, 30 minutes after the accident the other party had seen me drinking and called police. The officers note book said I had drank after the accident but his witness statement said a admitted to drinking before the accident
Customer: replied 6 months ago.
My first case was in magistrates court their was an abuse of process as the crown failed to disclose evidence and in my appeal the judge asked the cps to get the recording from my interview which I said was voir dire. This proved that I wasn't questioned about me admitting having drank 8 pints before I drove. I claimed bad faith under s78 of pace as the officer tricked me into signing his note book saying it was for the road side breath test then after I said I only drank a pint before I drove he showed me what I had signed. My signature was on the next page with two blank lines before his notes, he said if I denied this I would be charged with obstruction of justice and it's an imprisonable offence, the judge tried her best to help the cps allow the confession but after I used pace she said their just his rough notes I argued that the notes were a true record and used pace to prove it and article 6 of the human rights act for a fair trial
Expert:  Jamie-Law replied 6 months ago.

So you appealed the decision and that is when it went to the Crown Court, is that right?