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In a recent case where I was the defended and found not guilty,

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a MG15 was significant witness...
In a recent case where I was the defended and found not guilty, a MG15 was significant witness interview was used. I believe that the original tape holds more incriminating evidence that the Police behaved incorrectly however I do not know how I can obtain a copy of this tape. Can you help?

Thanks.
Submitted: 8 years ago.Category: UK Law
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6/22/2010
Solicitor: Jo C., Barrister replied 8 years ago
Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 71,522
Experience: Over 5 years in practice.
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What do you mean by an MG15?
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Customer reply replied 8 years ago

An MG15 is a ranscript of the significant witness interview... It can be a full transcript, summary or otherwise.

 

My lawyer never had access to the original tape recorder interview and I would now like access to it as I am sure it contains significant incriminating evidence (not againt me)

Solicitor: Jo C., Barrister replied 8 years ago

 

Are you in the UK?

 

We don't have 'significant witnesses' in the UK.

 

A record of the defendants' interview is called a ROTI and the complainant either gives evidence in a S9 form or via some other means like an ABE interview.

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Customer reply replied 8 years ago
we do have sig wits! what i ant to do is access the tape... how do i do that now? i know i should have asked but this was disclosed during he trial
Solicitor: Jo C., Barrister replied 8 years ago

I'm sorry, but we do not have significant witnesses in the UK.

 

Unless you tell me what you mean, I cannot really answer this question.

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Customer reply replied 8 years ago

eg - I am the witness to a murder first hand - thast makes me a sig wit - the police interview me on tape a\nd from that tape a transcript is typed - the transcript is admitted in evidence howver i want to know my legal right to access the original tape. I was not the person interviewed as a witness

Solicitor: Jo C., Barrister replied 8 years ago

No, it doesn't. It makes you a witness.

 

And witnesses are not interviewed on tape unless they are vulnerable and then that is dealt with by means of an ABE interview.

 

Witnesses just make statements in written form under S9.

 

Defendants are interviewed on tape and the typed record is a ROTI.

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Customer reply replied 8 years ago

I am sorryy to disappoint you... I am a senior police officer and I am certain... I am sat looking at the transcript

 

Significant Witnesses

These include:

  • Those who may have been, or claim to have been, an eye-witness or a witness to the

immediate event in some other way;

  • Those who may be of greater value to the investigation because of the background

information they can provide.

RP SIOs are responsible for designating witnesses as significant in any particular case and

will need to decide upon and document how the accounts of significant witnesses are to

be recorded. It is desirable that witnesses designated as significant are interviewed on

video, unless they do not consent. Where consent to video-recording is withheld or is

impractical for other reasons, interviews with significant witnesses should be audio

recorded, unless they do not consent to this.

In circumstances where multiple witnesses are involved, it might be necessary to limit the

number of witnesses who are video or audio recorded according to the resources that are

available. The RP SIO should decide which interviews to video record. The rationale

underpinning any decision should be recorded, and include the basis for determining

which interviews to video record, eg, proximity to the collision, line of sight.

Unlike vulnerable witnesses, recordings of interviews with significant witnesses cannot be

played back as evidence-in-chief. Any evidence provided by a significant witness on a

video or audio recording will need to be transferred into a format acceptable to the courts.

Where a witness is both vulnerable and significant, they should be treated as vulnerable.

This is because the legislation is in place to play their video-recorded interviews as their

evidence-in-chief. The RP SIO should note that this must be recorded on the schedule of

unused material.

 

It is the tape i want to access from the witness

Solicitor: Jo C., Barrister replied 8 years ago

Ok. Good luck then. Its as I've said. Opting out for others as we are making no progress.

 

 

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Customer reply replied 8 years ago
Relist: Inaccurate answer.
Simply answer the question correctly
Customer reply replied 8 years ago
~You never answered the queston and part of the response you gave was factually incorrect
Solicitor: Jo C., Barrister replied 8 years ago

 

I've opted out of this question for the reasons above. You also relisted it for another.

 

I will be helping no further.

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Customer reply replied 8 years ago
thanks
Solicitor: Jo C., Barrister replied 8 years ago
.
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