UKC

Does someone arrested or accused of a crime (yet not convicted) have the right to case notes, statements etc?
Any police out there?

In reply to Dominicandave:

In a criminal case, it's the crown vs you, so if it goes to court then you have the right to any and all prosecution documents which they state are to be used against you. They can't (generally) do surprise attacks on you in the court room. If you're arrested, but it doesn't go to court, then not so - although you always have the right to request any documents which relate to you under the FOI or a simple subject access request under the Data Protection Act. Additionally, if you have reason to believe that there are documents which they're not going to use - because they're useful to your defence - then you can request access to those. The police and/or CPS tend to be a bit indolent on the latter, though.

Essentially, as a defendant you don't have to tell them nuffink, but they're obligated to forewarn you about anything which is going to be produced in court to prosecute you.

Martin

In reply to maisie:

Are you a lawyer by any chance?

In reply to Dominicandave:

Scots law or English? It might make a little difference.

Basically in a Scottish case anything that the persecution has access to must be disclosed to the defence (addresses of witnesses etc are classed as 'non-disclosable') so thats Crime Reports/statements/lab reports etc.

In reply to Dominicandave:

Yes.
Your legal representative should receive copies of the case summary, witness/victim statements, documentary exhibits and other material.
It should be redacted to remove identifying details of witnesses etc.

I say legal representative because if you have been accused of a criminal offence you need one. Hopefully the procedure will have been explained by the legal representative you had when/if you were interviewed by the police...

In reply to Dominicandave:


Nope - a vet (and sometime law student). But you pick this stuff up as you go along....

Your solicitor will give you all the info you'll need.

Martin

In reply to Dominicandave:


Do you mean accused of a crime committed in the UK?

In reply to Dominicandave:

Simply, yes. Its called Disclosure

In reply to Dominicandave:

In the trials I sat on last year, the judge, they jury, the prosecution and defence lawyers and the defendant all had copies of all the documents.

In reply to Dominicandave:

In a word, yes.
You have the right to see all of the evidence against you (unless the prosecution are relying upon MI5 or MI6 material because you're an alleged terrorist- I hope this doesn't apply!) and any unused material they care to disclose, as to which there are certain obligations on the prosecution.

In reply to Dominicandave:

Go on then! What have you done? Or not done..

In reply to Stevie989:

Except that persons representing themselves are often denied access and otherwise obstructed, in contravention of the human rights act, because they are not 'members of the club' and somehow cannot be trusted with information that is about to offered in court anyway. Very bizarre.

In reply to Jim Fraser:

Unless it would prejudice other police work or contains sensitive information then that probably should be the case.

Grounds for an appeal material.

Thats not discounting the mess that is the fiscals office and material simply not passed over through 'admin error'.

In reply to Stevie989:

Thankyou all for your input, appreciated. I have one more query, I live up North, on the border and am requested to go to heathrow to meet bail, yet I have not been found guilty or even been to court. There is the high possibility that this will not go any further, the ERO is looking at the case. AM I entitled to travelling expenses. It is a long haul and not a cheap one these days. And after all I am not guilty of anything and so am an innocent man, at this point anyway, and so where do I stand?

In reply to Siward:


There is no evidence against me, it is one mans word against mine. There are statements from employees stating nothing was witnessed, and there were no complaints. The description of accused is not at all like me, wrong cloured hair (light mousey brown, I am dark brown), skin colour (if you can call a difference between latino/Mediteraneanish skin tone and white), eyes (he stated blue, I am brown) and height (there is 3 inches difference), as well as the clothes I was wearing and bags I was carrying. I don't know if this is evidence, I have never been arrested before, it's all a little overwhelming and confusing.

In reply to Dominicandave:

Sounds pretty grim. However, I am a bit concerned that you don't seem to have any form of legal counsel who would be able to answer these questions in a jiffy. Where you not offered legal advice when you were arrested?

In reply to Dominicandave:

A witness statement from somebody is evidence. It may not be very convincing evidence if it's not corroborated by anything else though.

The fact that there may be some evidence doesn't necessarily mean you will be charged or tried for anything. In England at least the CPS have to be satisfied that there is a realistic prospect of conviction before they run a case.

In reply to ByEek:

Yes, and I took it, but after interviewed the detective and the solicitor didn't show much interest as the could not see a case due to the things I stated above. The statement of this guy also seemed a little nuts, the accusations were outrageous and no one witnessed anything. I had no idea what this is about and they are asking me to remember something that apparently happened 22 months ago.
Problem being is that the solicitor is up north here and I am due to appear at a Heathrow airport and I doubt he will be accompanying me. Like I said I am unsure how to react to any of this. The opinion of the officers is that this guy is a nutter with issues, but it is not down to them to make the decisison.
Obvioously I need representation, and I also need to know my query on expenses as I will inquire when I inquire about a copy of the case notes. But no, I have little guidance and understanding of what is going on as I am being told just to wait and hang tight, meanwhile this date gets closer and closer and I am not at all prepared.

In reply to Siward:



Just going on what have seen on TV and read in newpapers. I would think that the description being 'not me' would be sufficient to close this case without further proceedings no?
Also can anyone answer my point about expenses. might seem a small issue, but I havent done anything and this will cost me a lot of money for nothing of my doing and so......................

In reply to Dominicandave:

My understanding from a friend in a similar position as you is basically - unfortunately - that it's entirely up to you to get yourself to court.

Their situation was they lived in Ireland and were repeatedly required to travel to Yorkshire to court.

This carried on for some years before it finally came to court and the CPS offered no evidence and the case was dismissed.

To say my friend was "a bit irate" didn't really cover it.

However, I am specking anecdotally. I would suggest here you query your solicitor who is going to know far better the ins and outs of the legal trade than I (or indeed my friend) will.

Best wishes. Hope it goes well. Don't expect common sense from the UK justice system.

In reply to John_Hat:

Correct, there is no financial reimbursement, innocent or guilty.

In reply to Dominicandave:

I think that if you miss bail and then hand yourself locally in you will be transported by the police. Doubt they would transport you back though...

If you are entitled to legal aid then it may be that a solicitor near you could take the case and give you a lift to court. Worth asking.....