How Can You Obtain All Evidence Held By Police In Regards To Your Criminal Case? Post Sentence??

[beexx1994]

Hi,

My mother was convicted and sentenced of a crime she didn't commit. We have exhausted all applications for appeal and have complained/wrote letters to everyone we can possibly can think of. They have all come back and said that we need new evidence to prove her innocence.

Throughout the investigation a lot of pieces of evidence that could have proven my mothers innocence were either 'unobtainable', 'went missing' or just conveniently didn't happen that particular day.

A photograph which could prove my mother's innocence was 'unobtainable'.
A piece of CCTV evidence 'went missing'.
My mother went to her local police station to report the crime she has now been convicted for however conveniently the police 'forgot' to log her visit and this resulted in no evidence of my mothers visit to the police station.

I believe that investigating officer of this case has withheld specific pieces of evidence in order to convict my mother of this crime.

How can I demand that all evidence held by police and the police log's for that particular day be disclosed? Who do I contact? How do I go about it?

Oh and if anybody knows... How long do police hold the evidence before it's disposed of?

Thank you!

[boxtops]

Did your mother have a solicitor? If not, I'd suggest she appoints one now!

[beexx1994]

Hi boxtops.

Yes she had a solicitor but he was useless and she was convicted regardless.

x

[boxtops]

Appoint someone else then...?

[beexx1994]

It's really not as easy as that.

The only way my mother will be entitled to another solicitor is if another solicitor see's the case as having sufficient enough grounds to appeal conviction or sentence.

The sentence is neither here nor there... it's the conviction we want to appeal. However we cannot appeal the conviction without new evidence. So we have to find new evidence... hence this post.

x

[bednobs]

everyone is entitled to retain as many solicitors as they want, surely?

[factor-fiction]

I assume they want legal aid though, bednobs

[bednobs]

oh ok, gotcha

[TheHangman]

The police are notorious for withholding evidence that proves defendants innocent Stefan Ivan Kiszko is a good example. Police have a legal obligation to give you access to all the evidence but you often have to apply to the court to make them release it. The Police have an attitude that they are judge and jury and if it suits purpose you are found guilty long before the court case. Evidence disappearing nothing new but any solicitor worth his salt should be able to secure it or at least ask the judge why all the clearing evidence seems to have been lost.

[beexx1994]

Hello,

I am willing to pay for a private solicitor but I am yet to find a solicitor that is willing to take on an appeal without fresh evidence.

Thanks the hangman I will have to look into applying to the courts.

x

[TheHangman]

Speak to the clerk of the court they can be very helpful.

[Buenchico]

Refer the matter to the IPCC, making it clear that you're NOT (at this stage) calling for a direct review of the evidence in your mother's case. (You wouldn't get it because the IPCC would rule that it's a matter for the courts, and not for them).

Instead, complain about the police procedures, such as the failure to log your wife's report. (All police station have CCTV cameras covering the entrance and front desk; the IPCC will be able to check whether your mother appears in the images):
http://www.ipcc.gov.uk/en/Pages/default.aspx

If you can get the IPCC to discover procedural errors, you'll then be in a better position to proceed further in your challenge to the 'facts' (as they were presented to the court).

Chris