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Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.
The magistrates or District Judge if sitting alone, will hear all the evidence from both the prosecution and also from the defence.
The police are clearly going to br the main prosecution witness.
The defence, that will be your partner plus any other witness that is giving evidence for him. The defence should also produce the witness statement or call the person who sold the bike as a witness. Although all they could really say is that when they sold the bike it may not have been working, that does not mean it was not going at a later date.
Having spare parts for a bike again does not mean that the bike was not seen running, but can help give a picture that it was not working because the new parts had yet to be fitted.
Ultimately, the court would then decide based on what they hear in court, which account to believe, the police or your partner.
Then your partners solicitor need to raise this fact during the trial as part of the defence evidence.
He can also ask for a copy of the seizure notice.
You can also complain to the chief constables office regarding the officers failure to supply a notice.
If the witness has made a statement, then the defence can ask the court for a witness summons to compel the witness to attend to give evidence.
If the prosecution and defence can agree for the statement to be read out in court as a s.9 statement, then it can be read out in court as evidence. If the prosecution will not agree to this and the witness is vital, then the defence should request an adjournment until the witness can attend court, or give evidence via video link.
The defence should have considered all of this earlier.
Well that is the advice I can give as above. The trial and case is your partners, the solicitor must do as instructed. Tell hm to attempt to have the statement admitted as a s.9 read out statement.
Otherwise request adjournment for witness either in person or via video.
Then in that case the trail will continue. If convicted, you would not be able to use the fact the witness was not there for grounds to appeal, as the request to adjourn would not have been made, that is your partners choice.
The seizure notice is not relevant to his trial for using the bike on a road. That is a separate admin matter to raise with the police.
The evidence form the previous owner would be used in his trial, if the court choice not to believe that version then that is that.
Your partner really should be chasing his defence lawyer to see exactly how and what they are going to be doing and using as evidence in court. From what you have explained it appears your partner has little idea exactly what his defence team are planning to do.
I understand, really I cannot advise further to what I have already done.
I have given all the advice that can be applied to this matter, it is now up to the lawyer to do his job in court.
If you loose, that does not mean a refund, a court will either believe him or not.
If you think the lawyer did not work and represent professionally then you can complaint the firm and the legal ombudsman.
If you have purchased the bike you do not need to prove it is your to get it back.
Your partner needs to inform the officer it is an off road bike not requiring a v5.
Get your lawyer to write to them explaining the law.
If released he will need to collect it.
Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.