Family & Relationships6 mins ago
Defamation in Magistrates Court by defendant in his statement
18 Answers
If you strongly suspect that your name has been used in a defence statement by your ex partner on a driving whilst disqualified charge and are fairly confident that not only will it be defamatory but very untrue, are you able to ask to see a copy of the statement?
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For more on marking an answer as the "Best Answer", please visit our FAQ.I believe the defence statement centres around the defendants personal life, our breakup and how it has affected him. Having previously been to court with him when we broke up, I know the lies he will tell and having proved them all as lies last time, ending up with his solicitor dropping him, I can do the same again. More so I am angry that my name may have been slurred again by him.
You could try ringing the police and asking to speak to the 'Officer In Charge of the investigation' and explain your concerns to see if s/he will make any disclosure, but I dont think you will have any success.
Intersting that your ex believes the police have stolen his car!!!!
Could be a custodial sentence for your ex.
Intersting that your ex believes the police have stolen his car!!!!
Could be a custodial sentence for your ex.
I think he got suspended sentence but not sure. The 1 st time he appeared, the day after he was arrested, he passed out in court and damaged his back!! Pity it wasnt his neck, however he is still having treatment and I think he got the sympathy vote. Knowing how he would write his mitigating statement, it would make a Hollywood blockbuster,
This is a problem that the courts face. What a person says in a court proceeding is regarded as protected from actions for defamation. In the trial the defendant can anything untrue in his own defence, however defamatory, if it is material.The same goes for what he says in mitigation on conviction.
The remedy lies with the court itself. The judge will say that he does not accept assertions of a scandalous or defamatory nature about some named individual and will say, in sentencing,that it he does not accept them, and is very likely to. go further saying something like 'You have made certain claims about X , which I do not repeat, in a desperate attempt to mitigate the sentence.I reject those claims. as unsupported and false.They do you no credit'
The press should quote the judge's words, and not give or repeat the claims.
Magistrates should also make clear that they reject such assertions.
The remedy lies with the court itself. The judge will say that he does not accept assertions of a scandalous or defamatory nature about some named individual and will say, in sentencing,that it he does not accept them, and is very likely to. go further saying something like 'You have made certain claims about X , which I do not repeat, in a desperate attempt to mitigate the sentence.I reject those claims. as unsupported and false.They do you no credit'
The press should quote the judge's words, and not give or repeat the claims.
Magistrates should also make clear that they reject such assertions.
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