Evidence Disclosure

[Kenny7]

In a magistrates court trial does the defence have to show all the evidence they are going to use to the prosecution and if the only witness for the prosecution is the all edged victim, are they entitled to see any of the defences evidence or statements

[Buenchico]

While the prosecution are obliged to disclose all evidence in the case to the defence
http://www.cps.gov.uk/legal/a_to_c/attorney_generals_guidelines_on_disclosure/
the defence can generally 'keep their cards close to their chest' until the day of the trial.

However some exceptions apply. In particular, 'alibi evidence' (which seeks to show that the alleged offender couldn't have been present when an offence was committed) must be disclosed in advance so that the prosecution (and the police) can have time to assess the credulity of the alibi's evidence:
http://www.cps.gov.uk/legal/a_to_c/alibi_evidence/

The foregoing paragraphs only give an incredibly basic summary of the rules on disclosure. The actual rule book runs to 37 chapters!
http://www.cps.gov.uk/legal/a_to_c/alibi_evidence/
(Nearly all of that though refers to disclosure by the prosecution).

[Kenny7]

Thanks for the reply, very helpful, but what about the alleged victim being the only witness, are they entitled to see anything. Before the trial or during.

[Buenchico]

See this document:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/476900/code-of-practice-for-victims-of-crime.PDF
It explains what victims are entitled to from the Crown Prosecution Service.

[Kenny7]

Cheers

[Kenny7]

So basically they are not allowed to see any of the defence statements, or evidence they have. Only a copy of the statement they made.

[New Judge]

But there is one overriding principle of which you need to be aware.

A defendant is not allowed to “ambush” the prosecution with evidence (or an explanation which may see him acquitted) during the trial. Before the trial, at a “case management” hearing, the defendant will be asked to state the basis of his not guilty plea (e.g. “I wasn’t there”; “I acted in self defence”). He cannot be compelled to disclose this basis of plea, but if, during the trial, he introduces evidence or an explanation of which the prosecution has not been made aware and which they have not had an opportunity to check, then the prosecution will request, and almost certainly be granted, an adjournment.

The same principle applies to the prosecution but the rules for disclosure of prosecution evidence (and “unused material”) are much tighter and it is not usually an issue.

[Buenchico]

NJ:
The question refers to a magistrates court. I was under the impression that the only 'case management' required there is the completion and submission of a 'Preparation for Trial' form by the prosecutor. Aren't case management hearings reserved solely for Crown Court cases?

[New Judge]

“Aren't case management hearings reserved solely for Crown Court cases?”

No. Case Management hearings are held in Magistrates’ Courts both for trials to be held there and, on occasions, for trials which eventually end up in the Crown Court. The hearing seeks to clarify matters for the trial (court time needed, witnesses to attend, etc.). Among other things, an important undertaking is for the defence to outline the issues involved (i.e. why a Not Guilty plea has been entered). As I said, they cannot be compelled to do so, but if (say) the prosecution presents its case and the defence opens up by saying “Well actually I wasn’t there at the time. I was 200 miles away and I have alibi evidence. I call Fred Bloggs” the prosecution will get an adjournment to check out Mr Bloggs and his evidence. The “Preparation for Trial” form which you mention is indeed mainly completed by the prosecutor but some information (such as the ”issues” I outlined above) are completed at the CM hearing. The form is then made available to the trial Bench before the trial begins.

I’ve chosen a simple example (which you mention specifically) which is unlikely to happen in practice (particularly in view of the usual “PACE” warning “…but it may harm your defence if you do not mention when questioned something you later rely on in court”). But the principle holds good. A defendant is entitled to hold his cards close to his chest up to a point but he cannot simply reveal them at the trial without the prosecution having had the opportunity to examine them beforehand. Very often the prosecution may be content to have some unannounced evidence admitted, but they have the right to object. The question for the court would then be whether to grant an adjournment, whether to decide that it was the fault of the defence that the evidence was not disclosed earlier and so refuse its admission or whether to admit it nonetheless.

[Kenny7]

What about, something that I handed into the police to be sent to the CPS before they made their decision to charge such as pictures, parter work etc, And the police failed to send it in, with the evidence in question may have had some bearing to their decsion, could this be used in the trial ?

[New Judge]

A simple rule of thumb is that all evidence that either side intends to use in the trial should be disclosed beforehand. Anything not disclosed runs the risk of being challenged and the result may be either it is disallowed or the trial is adjourned.

[Kenny7]

Ok cheers, but am I right that non of the evidence is allowed to be seen by the so called victim and only prosecution witness.

[New Judge]

The only people allowed to see the evidence are the prosecution lawyers (who work for the CPS) and the defendant and his lawyer (if he has one).

Prosecution witnesses (be they alleged victims or not) are not allowed to see evidence other than their own statements. Neither are defence witnesses but the control of evidence provided to the defendant is not really under control once it has been provided to him. However, if a court thinks a defence witness has "adjusted" his oral evidence in light of what he might have seen it is likely his evidence will be discredited.