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Can a case be thrown out at Pre Trial Hearing in Crown?
Hi,
I'm back again! Have had great help in the past few weeks. I really do appreciate it. Thank you!!!
Quick question : My partner has been charged for assault and criminal damage - I posted details about this earlier on the year. He has opted to go to Crown Court, committal hearing was yesterday and he is in Crown on 25th October. In the committal bundle there is missing evidence - the nightclub has supplied all the cameras apart from the one outside facing the queue. We are going to ask the CPS for this camera. It would be vital information because the alleged assault happened outside the club so it would have been useful to one or both parties.
If they say they don't have it (for whatever reason) or it was not working that night (amazingly the other 15 camaras were working fine) can the case get thrown out at pre trial hearing stage or does it have to go to full trial?
The police also failed to get the CCTV from the pub opposite the club once again vital evidence missing. Will this help us in any way to get the case thrown out or do we have no choice on the matter??
I believe the Prosecution have a weak case, they are using all the witnesses (none are independent, all are colleagues of the victim)...even those who are damaging to the Prosecution. All the CCTV footage shows the aftermath and not the event...typical!
Also would supplying character statements to the judge at the pre trial help in any way?
Any advice will be really appreciated it. Once again thank you so much for the help and advice you have given me in the past.
I'm back again! Have had great help in the past few weeks. I really do appreciate it. Thank you!!!
Quick question : My partner has been charged for assault and criminal damage - I posted details about this earlier on the year. He has opted to go to Crown Court, committal hearing was yesterday and he is in Crown on 25th October. In the committal bundle there is missing evidence - the nightclub has supplied all the cameras apart from the one outside facing the queue. We are going to ask the CPS for this camera. It would be vital information because the alleged assault happened outside the club so it would have been useful to one or both parties.
If they say they don't have it (for whatever reason) or it was not working that night (amazingly the other 15 camaras were working fine) can the case get thrown out at pre trial hearing stage or does it have to go to full trial?
The police also failed to get the CCTV from the pub opposite the club once again vital evidence missing. Will this help us in any way to get the case thrown out or do we have no choice on the matter??
I believe the Prosecution have a weak case, they are using all the witnesses (none are independent, all are colleagues of the victim)...even those who are damaging to the Prosecution. All the CCTV footage shows the aftermath and not the event...typical!
Also would supplying character statements to the judge at the pre trial help in any way?
Any advice will be really appreciated it. Once again thank you so much for the help and advice you have given me in the past.
Answers
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You cannot have the case "thrown out" in the way you describe. The CPS may take the view that there is not sufficient evidence to provide a realistic prospect of conviction in which case they will offer no evidence and they case will be dismissed.
Character witnesses are never taken into consideration except in sentencing - they are not witnesses of truth or fact to the allegation before the court and are of no relevance. Your barrister/solicitor may ask you to obtain some simply to give you something to do.
You have a legal team - they know how to run a case so let them get on with it
Character witnesses are never taken into consideration except in sentencing - they are not witnesses of truth or fact to the allegation before the court and are of no relevance. Your barrister/solicitor may ask you to obtain some simply to give you something to do.
You have a legal team - they know how to run a case so let them get on with it
Thank you for your comments seatrout. It makes things a little clearer in regards to the law and the courts procedure.
We haven't met the barrister yet and the solicitor hasn't suggested to get the character witnesses. I just thought it may help, if it's of no use there is no point going to the effort getting it.
I do have a legal team but it can't do any harm in finding out about the way the legal system works and working with them/assisting them. Don't you think?
We haven't met the barrister yet and the solicitor hasn't suggested to get the character witnesses. I just thought it may help, if it's of no use there is no point going to the effort getting it.
I do have a legal team but it can't do any harm in finding out about the way the legal system works and working with them/assisting them. Don't you think?
The pre-trial is simply a formality hearing whereby a trial date is set. No evidence is seen or heard. Though the CPS do have an opportunity to ammend the original charge. In my experience the CPS are indeed very content on offering "no evidence", as seatrout suggested. Instead they will attempt to downgrade the charge to one that is less serious. What is the current charge against your partner at the moment??
Another point to note out is that if your husbands counsel can obtain the CCTV from pub accross the road (which should have been the police's duty in the first place), then defence counsel can put in an application for Abuse of Process, which is basiacally the failure of the Police to follow protocol in the investigation of a case. If the CCTV backs your partners story then this will help the strength of the abuse of process application because it shows prejudice from the outset of the investigation of this crime.
Be careful with character issues. Bare in mind that if your partners defence team assert his good character, then this will give the prosecution an opportunity to cross-examine him about any bad chracter issues and thus if he does have any previous for assault/robbery or other "relevant" offences, the court will indeed be made aware of this.
Hope this helps..
Another point to note out is that if your husbands counsel can obtain the CCTV from pub accross the road (which should have been the police's duty in the first place), then defence counsel can put in an application for Abuse of Process, which is basiacally the failure of the Police to follow protocol in the investigation of a case. If the CCTV backs your partners story then this will help the strength of the abuse of process application because it shows prejudice from the outset of the investigation of this crime.
Be careful with character issues. Bare in mind that if your partners defence team assert his good character, then this will give the prosecution an opportunity to cross-examine him about any bad chracter issues and thus if he does have any previous for assault/robbery or other "relevant" offences, the court will indeed be made aware of this.
Hope this helps..
Thanks for your advice lawyer. My partner has been charged with assault (you can find full detail on this website, I think I posted it in June).
The annoying thing is that we told the police about the CCTV from the pub across the nightclub and they said it was a dummy and did not get it(it wasn't, we went back to ask the landlady, she is willing to make a statement) the recording on it is kept for 3 days - the incident happen'd in May.
Thank you once again.
The annoying thing is that we told the police about the CCTV from the pub across the nightclub and they said it was a dummy and did not get it(it wasn't, we went back to ask the landlady, she is willing to make a statement) the recording on it is kept for 3 days - the incident happen'd in May.
Thank you once again.
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