Jobs & Education1 min ago
Can A Case Be Thrown Out For Insignificant Evidence Before A Court Date?
If someone has pleaded not guilty and the date has been set for court, is it true that someone before the court date reads up before and can throw it out. Iv heard someone who works at the courts looks into cases and can decide if its worth the courts time or not.
When I say insignificant evidence for example if there is only one word against the other or shaky at best evidence involved.
Many thanks for any answers
When I say insignificant evidence for example if there is only one word against the other or shaky at best evidence involved.
Many thanks for any answers
Answers
1 to 16 of 16
Although you seem to have accepted that the testimony provided by your sister’s accuser is indeed “
13:37 Fri 11th Oct 2013
The Crown Prosecution Service (CPS) decides whether to bring a prosecution and they do so only if (a) there is sufficient evidence to have a reasonable chance of securing a conviction and (b) it is in the public interest to prosecute.
Once it has been decided to launch a prosecution the matter is put before a Magistrates' court. If the defendant pleads not guilty and the offence is one that is tried in the Magistrates' court (where 95% of all prosecutions are seen to a conclusion) the Magistrates who sit on the trial have no information regarding the offence or the evidence whatsoever before trial day. Their job is simply to reach a verdict based on the evidence put before them by the CPS and the defence.
If the matter goes to Crown Court for trial the judge has information about the evidence to be presented well in advance of the trial and he (or she) may, in some instances, determine that the evidence will not support a conviction, though it is unusual for this decidion to be taken before the matter comes to trial.
Once it has been decided to launch a prosecution the matter is put before a Magistrates' court. If the defendant pleads not guilty and the offence is one that is tried in the Magistrates' court (where 95% of all prosecutions are seen to a conclusion) the Magistrates who sit on the trial have no information regarding the offence or the evidence whatsoever before trial day. Their job is simply to reach a verdict based on the evidence put before them by the CPS and the defence.
If the matter goes to Crown Court for trial the judge has information about the evidence to be presented well in advance of the trial and he (or she) may, in some instances, determine that the evidence will not support a conviction, though it is unusual for this decidion to be taken before the matter comes to trial.
Are you describing a personal experience? One word against another's is not a ground for not prosecuting and evidence being shaky at best is often a matter of personal opinion!
If the CPS have authorised a prosecution and it has got as far as a court date being set, the CPS must have some confidence that the case is winnable by the prosecution. . If they don't, because the evidence they have turns out to be shaky enough that their opinion changes, they simply have the case listed and offer no evidence when the plea of not guilty is entered. The defendant is then formally acquitted.
If the CPS have authorised a prosecution and it has got as far as a court date being set, the CPS must have some confidence that the case is winnable by the prosecution. . If they don't, because the evidence they have turns out to be shaky enough that their opinion changes, they simply have the case listed and offer no evidence when the plea of not guilty is entered. The defendant is then formally acquitted.
Its a charge against my sister from her neighbor who lied and now my sister is facing court and the only evidence we can see is the neighbors word against my sister. There are no witnesses nor evidence.
A policeman who looked into the case said that they believe as long as no further complaints against my sister is made that the case will be thrown out as in their opinion there is not enough to prosecute.
Im just trying to learn some of the legal system and am curious if what this policeman said has any merit.
Some good news the neighbor has moved out and is living many miles from my sister now. Would this help my sisters case if it does go to court?
A policeman who looked into the case said that they believe as long as no further complaints against my sister is made that the case will be thrown out as in their opinion there is not enough to prosecute.
Im just trying to learn some of the legal system and am curious if what this policeman said has any merit.
Some good news the neighbor has moved out and is living many miles from my sister now. Would this help my sisters case if it does go to court?
It cannot happen that a judge stops a prosecution on reading the papers beforehand.
The judge has limited power. If an indictment is before the court, the defendant must be arraigned (simply put, his plea must be taken). Only if 1) the Attorney General issues a nolle prosequi (says he doesn't want the prosecution to proceed) or 2) it turns out that that particular court has no jurisdiction to try the case or 3) there is a plea in bar pleaded by the defendant and that is accepted ( a plea that the prosecution cannot proceed, for example if the defendant has already been convicted for the same crime) is the prosecution stopped then and there.
There is no power in a judge to prevent the prosecution proceeding to present their evidence on the basis that he doesn't think it likely that they will succeed , nor that he thinks the case an abuse as a waste of public money The first was confirmed in 2001 and the second in 2010 both by the Court of Appeal.
However, it is not unknown for judges to ask prosecuting counsel "How do you present your case?" which could be taken as a hint to the prosecution not to proceed, but offer no evidence! It might work ! Usually though, it is asked simply so the judge knows what forthcoming evidence he is to look out for and how it fits the counts on the indictment, as the prosecution presents it
The judge has limited power. If an indictment is before the court, the defendant must be arraigned (simply put, his plea must be taken). Only if 1) the Attorney General issues a nolle prosequi (says he doesn't want the prosecution to proceed) or 2) it turns out that that particular court has no jurisdiction to try the case or 3) there is a plea in bar pleaded by the defendant and that is accepted ( a plea that the prosecution cannot proceed, for example if the defendant has already been convicted for the same crime) is the prosecution stopped then and there.
There is no power in a judge to prevent the prosecution proceeding to present their evidence on the basis that he doesn't think it likely that they will succeed , nor that he thinks the case an abuse as a waste of public money The first was confirmed in 2001 and the second in 2010 both by the Court of Appeal.
However, it is not unknown for judges to ask prosecuting counsel "How do you present your case?" which could be taken as a hint to the prosecution not to proceed, but offer no evidence! It might work ! Usually though, it is asked simply so the judge knows what forthcoming evidence he is to look out for and how it fits the counts on the indictment, as the prosecution presents it
Simon, if a witness cannot be found at all and there is no realistic prospect of that and she is the only witness and her live evidence is the only evidence upon which the prosecution can rely, so her presence is essential, then the case will be listed and no evidence offered on a plea of not guilty.
Thank you for your answers, Its just a very confusing to me as I always thought the CPS needed some kind of evidence to believe in a conviction. I know now the neighbors statement counts as evidence. But there is literally nothing that backs up the false allegations against my sister at all. No other witness or anything.
My sister is a good person with no criminal background it just doesn't seam right that she has to face court.
My sister is a good person with no criminal background it just doesn't seam right that she has to face court.
-- answer removed --
Simon, sorry "case listed"= given a date on which it will be heard, "no evidence offered" means the prosecution say that they are not going on ,that they are not putting any evidence before the court to prove the case, " on a plea of not guilty" means they'll do that after the defendant formally pleads not guilty in court. Then the verdict of not guilty is recorded, the defendant is acquitted.
Simon - Good answers here from the people who do it...
I am supporting a defendant in a jury trial where it is She said he did, He said he didnt - but both agree they met...sex of course. This case has been anonymised as it is still to be heard. And we as defendants think there is no supporting evidence and On It Goes.... !
so we expect to re-meet in Feb 2014 - courts being busy places -
with all the usual ramifications for employment and employment prospects.
[ not for me I am retired...]
I am supporting a defendant in a jury trial where it is She said he did, He said he didnt - but both agree they met...sex of course. This case has been anonymised as it is still to be heard. And we as defendants think there is no supporting evidence and On It Goes.... !
so we expect to re-meet in Feb 2014 - courts being busy places -
with all the usual ramifications for employment and employment prospects.
[ not for me I am retired...]
Yes, ck, they always interview. The suspect might have a reasonable explanation which the police can then test, or he might confess, or he might give a lying excuse,but he is always given the opportunity of putting his side of the story. But the fact it is his word against another's, and no more, does not necessarily mean that the Crown Prosecution Service will say that he shouldn't be charged.
Although you seem to have accepted that the testimony provided by your sister’s accuser is indeed “evidence” you seem to think that a prosecution cannot reasonably succeed without the support provided by other evidence, simon. This is simply not the case. Many cases, particularly those of a less serious nature which are handled in Magistrates’ courts, often revolve around one person’s word against another. The CPS will assess the evidence provided by their witness and decide if it is likely to stand scrutiny in court. (Note this does not necessarily mean they are certain of a conviction, but that there is a reasonable prospect of success). If it will, they authorise a prosecution. It is then for the CPS prosecutor to present the evidence to the court and for the court to determine a verdict.
Your sister's case sounds as if it is a summary matter that will only be heard by Magistrates. If it is they have no powers to dismiss the case before hearing the evidence formally (and as I have pointed out earlier, they will have no idea what evidence will be presented anyway). The CPS can, of course, withdraw the matter at any time, but that is not the same as the case being dismissed by the court. The only powers the Magistrates have in these circumstances is to convict or acquit but they cannot do this before hearing the evidence. If the defence lawyer believes the prosecution have not made out their case he can ask the court to rule that there is “no case to answer”. If this is agreed the defendant will not have to make out a defence. But once again this cannot be done before the prosecution evidence is formally heard in court.
It’s really quite straightforward: once the CPS has decided to prosecute only courts decide whether the prosecution evidence is good enough to support a conviction or whether the defendant is acquitted. Nobody else can.
Your sister's case sounds as if it is a summary matter that will only be heard by Magistrates. If it is they have no powers to dismiss the case before hearing the evidence formally (and as I have pointed out earlier, they will have no idea what evidence will be presented anyway). The CPS can, of course, withdraw the matter at any time, but that is not the same as the case being dismissed by the court. The only powers the Magistrates have in these circumstances is to convict or acquit but they cannot do this before hearing the evidence. If the defence lawyer believes the prosecution have not made out their case he can ask the court to rule that there is “no case to answer”. If this is agreed the defendant will not have to make out a defence. But once again this cannot be done before the prosecution evidence is formally heard in court.
It’s really quite straightforward: once the CPS has decided to prosecute only courts decide whether the prosecution evidence is good enough to support a conviction or whether the defendant is acquitted. Nobody else can.
Hi I have a question , my boyfriend was arrested and on bail the cps said they couldn't make a decision so have left it to the courts to decide he is due to enter his plea this week, there is no physical evidence , he is innocent if he pleads not guilty could they decide on the plea hearing to dismiss the case and not to any further ? It's been 3 months and my daughter needs her dad, any advice is appreciated, thankyou
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