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LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 818
Experience:  Solicitor with over 15 years experience.
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Criminal law question... Is there anything that can be done

Customer Question

Criminal law question...
Is there anything that can be done about the below?
First court appearance, my barrister asked for unused evidence, CPS advised it had already been sent. Judge told them to serve within 2 wks (they didn’t)
- Various calls / faxes requesting unused evidence but nothing received
2nd court appearance, plea entered (accepting lower charge and not accepting higher charge), my barrister asked for unused evidence again, CPS advised they would send within 1 wk and would review case to see if lower charge quity plea acceptable within 2 wks
- Various calls / faxes requesting unused evidence but nothing received, however a letter from CPS exactly 2 wks after the appearance advising the lower charge would not be accepted and that it would continue to trial
- Various further calls / faxes / letters from barrister for unused evidence, but no answer from CPS
My solicitors have now had to list the case for hearing in front of a judge in 2 wks time and my barrister is attending. CPS have indicated it is the DC in charges fault as they are missing the evidence.
So, in all this has now gone on for over 1 yr and there has been no new evidence since day 1. The CPS have lied (saying they sent it already, even in front of a judge, but are now saying they don’t even have it all). Plus, how can they have reviewed the case in full in terms of the lower charge when they don’t even have everything? Is there anything that can be done?
Hoping someone can clarify
Many thanks
Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.

Hello, I am a solicitor with over 15 years experience. I will try to help you with this.


I am afraid it is not unusual for the CPS to be highly inefficient like this. Are you saying that the CPS have not made initial disclosure of unused material or is it that they have failed to respond to a request and order for disclosure of material asked for in your defence statement? What are the charges and how important is the material in question.