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Answered in 22 minutes by:
2/27/2009
Ismael Rhys, Solicitor
Category: UK Law
Satisfied Customers: 218
Experience: BSc (Hons) - Post Grad in Law
VerifiedThe prosecution has six months to bring a matter to court (from the time of the committal of the offence). One the charged has been laid at court, which is your case appears to be around 20 Feb, the prosecution may then summon you to come to court at any time. In relation to the inaccuracies in the police witness statements, the court will ask itself the following questions:
Do any of the inaccuracies cause material differences as to whether the offence was committed or not?
Would the defendant suffer prejudice as a result of these inaccuracies?
If the answers to the above questions is in the negative, the inaccuracies are unlikely to have any effect in this case.
In relation to challenging the witness statements of the officers, you would have the opportunity to do so at the trial ( in the event the you enter a not gulity plea). Under cross-examination, you could put your version of event to the officers and challenge theirs.
If you are certain that you did not make a call at the stated time, you should request a report for you network provider, detailing all the calls ( incoming or outgoing) for that day. If the report shows that a call was not made or received at the given time, you could run it as your defence. I would advise you to instruct a solicitor if you were to enter a not guilty plea and run a trial. It requires a certain amount of skill to cross-examine police officers at court.
Do any of the inaccuracies cause material differences as to whether the offence was committed or not?
Would the defendant suffer prejudice as a result of these inaccuracies?
If the answers to the above questions is in the negative, the inaccuracies are unlikely to have any effect in this case.
In relation to challenging the witness statements of the officers, you would have the opportunity to do so at the trial ( in the event the you enter a not gulity plea). Under cross-examination, you could put your version of event to the officers and challenge theirs.
If you are certain that you did not make a call at the stated time, you should request a report for you network provider, detailing all the calls ( incoming or outgoing) for that day. If the report shows that a call was not made or received at the given time, you could run it as your defence. I would advise you to instruct a solicitor if you were to enter a not guilty plea and run a trial. It requires a certain amount of skill to cross-examine police officers at court.
Ismael Rhys, Solicitor
Category: UK Law
Satisfied Customers: 218
Experience: BSc (Hons) - Post Grad in Law
VerifiedIsmael Rhys and 87 other UK Law Specialists are ready to help you
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