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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a serious trail pending... The prosecution has failed

Customer Question

I have a serious trail pending...
The prosecution has failed to serve outstanding evidence requested by the judge by the date
I had to finally get the case listed and the judge ordered them to release additional material but it has only just come through and the case is in a few days time. Still some computer evidence has not come through

Do I have grounds to postpone to allow further enquiries ... What mechanisms are open and language should my barrister use?

Thanks. John.
Submitted: 4 years ago.
Category: Law
Expert:  Ash replied 4 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : What is the charge, stage are proceedings and when is the matter next in court please?
JACUSTOMER-x12k141t- : Hello
JACUSTOMER-x12k141t- : theHello the charge is sexual activity with a minor . The trail is due to start monday
Alex Watts : Crown court?
JACUSTOMER-x12k141t- : late you there ?
JACUSTOMER-x12k141t- : Yes
JACUSTOMER-x12k141t- : Yes it's a crown court trail
JACUSTOMER-x12k141t- : The judge was very cross that the prosecution didn't provide additional material by a deadline in November when I had it listed last week based on their lack of response to my solicitor
JACUSTOMER-x12k141t- : The judge mentioned he would be sympathetic to postpone but I just want a second opinion on this
Alex Watts : Which court please? Crown or magistrates?
Alex Watts : Are you not represented?
JACUSTOMER-x12k141t- : Yes crown and yes i am represented. I met this person online on an adult social networking site but so far NO computer evidence of this person revealing their true age has been advanced. It's their word against mine they said they were 15
Alex Watts : If the Crown have not served evidence required or it is late then your Solicitor can apply to adjourn.
Alex Watts : The Crown is under a duty to comply with court orders.
JACUSTOMER-x12k141t- : It is very late yes
Alex Watts : If they do not then the matter can be adjourned
Alex Watts : Therefore if it all has not been served or it is late then an adjournment can be applied for.
JACUSTOMER-x12k141t- : I requested material from other computer items ie an Xbox
Alex Watts : The prosecution have a duty under the rules to disclose material in good time and in any event in accordance with court orders.
JACUSTOMER-x12k141t- : Nothing has been supplied
Alex Watts : Therefore it is likely that you will be grated an adjournment,
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-x12k141t- : My solicitor says that I can meet the barrister Friday and petition the judge to adjorn
JACUSTOMER-x12k141t- : But can you list the other reasons for adjournment of trails
JACUSTOMER-x12k141t- : Also To your mind given the fact this person was on an adult site and there is no computer evidence saying they said they were 15 would this bea weak case
Alex Watts : Article 6 human rights - rig to a fair traial
Alex Watts : trial
Alex Watts : The criminal procedure rules - duty to disclose
Alex Watts : The criminal procedure rules - duty to comply with court orders / case management
Alex Watts : Does this help?
JACUSTOMER-x12k141t- : Possibly,
JACUSTOMER-x12k141t- : thanks
JACUSTOMER-x12k141t- : how about the other questions above please...
Alex Watts : And in the interests of justice obviously.
JACUSTOMER-x12k141t- : Do you think that given there is currently no message history pertaining to this person supposedly saying they were 15 that the case is weak
JACUSTOMER-x12k141t- : It's simply their word that they said 15
Alex Watts : That certainly does not assist it in my view
JACUSTOMER-x12k141t- : No computer evidence
Alex Watts : indwed
Alex Watts : indeed
JACUSTOMER-x12k141t- : No witnesses
JACUSTOMER-x12k141t- : They are using my Internet search history - selected entries only - to try and suggest I am interested in younger people
JACUSTOMER-x12k141t- : And so build a case out of circumstantial material
JACUSTOMER-x12k141t- : What other ways would you advise me to prepare to defend this case. My team have been a little lax
Alex Watts : Ok. You have a reaonable chance,
Alex Watts : Can I clarify anything for you?
JACUSTOMER-x12k141t- : Well, I'm very very nervous
JACUSTOMER-x12k141t- : What tips have you about what to expect and how to prepare
Alex Watts : Of course I understabd
JACUSTOMER-x12k141t- : I'm advised that I say as little as possible
Alex Watts : Yes
Alex Watts : Can I help further with this?
JACUSTOMER-x12k141t- : I don't know
JACUSTOMER-x12k141t- : What's your experience in this area of law
Alex Watts : When I first qualified I did a lot of magistrates court work
JACUSTOMER-x12k141t- : im very worried about my family
Alex Watts : Bur if you are asking if you will be convicted I can not answer that as I have not seen the evdience.
Alex Watts : Your barrister will know what to do
Alex Watts : They hAve spent years training, trust them
JACUSTOMER-x12k141t- : It consists of an ABE interview from the person saying they said 15
JACUSTOMER-x12k141t- : well they haven't said much
Alex Watts : Yes but I can't give you a view on whether you will be comvicted.
JACUSTOMER-x12k141t- : This person has been very promiscuous
JACUSTOMER-x12k141t- : could that be used to my advantage?
Alex Watts : Not necessarily. It may not be relevant
Alex Watts : But the prosecution must prove the case against you beyond doubt
JACUSTOMER-x12k141t- : ive said no comment in interview
Alex Watts : ok
JACUSTOMER-x12k141t- : And then a statement
Alex Watts : ok
JACUSTOMER-x12k141t- : but haven't exactly held my nerve
Alex Watts : sure that is understandable.
Alex Watts : Can I clarify anything about your question?
Alex Watts : If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.Please bookmark my profile if you wish for future help:
Alex Watts :

I see you have rated poor service - what else can I do to help you?

Alex Watts :

I gave you the legal answer and spent considerable time talking to you.