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  • will cps use a new prosecutor in my retrial

    Will CPS use a new prosecutor in my retrial?
    Should I change barristers ?

    The last one did well but I doubt his methods sometimes although in all fairness he did get a hung jury so seems he must being doing something right.We differ in some of the minor points which I believe are important and he says they are not and will not make a difference.It is so hard to know when so much is at stake

    sadman

  • #2
    Hi Sadman
    I hope that this time he will get it right.
    Can't you ask your solicitor to have a word with your barrister about the points you consider important?
    If you did alrealdy,I would stress it again.
    I had some evidence that my barrister was not really keen to show to the jury,my solicitor wanted to.
    He even asked me if I was sure,we did and I don't regret.
    I was ready to write you have nothing to lose but you understand.
    Take care.
    Non,je ne regrette rien.

    Comment


    • #3
      I would echo boys dont cry suggestion to have a talk with solicitor about this concern. I think it is also better to have it in paper that you have this concern. In our case also, there are major decisions for example, on witnesses to call and the solicitor would let my partner sign that he agrees with the decision. It assures I think that everything is transparent in terms of following instruction. I remember there were some suggestions that if the defense team refuses to follow specific instructions from you then you can ask for a letter that it was so which would be helpful in case things go wrong. Hope this helps.

      I think you have to raise your concerns with your solicitor so the barrister can be advised or at least they can explain it to you why they are taking that strategy or method..

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      • #4
        It could be that you have a different prosecutor. Your barrister may not be able to make the trial so you could in theory have a new one. it really depends on their own personal time-tables.

        If you believe that the barrister should use certain evidence and they refuse to, write it down and ask them to sign that they refused to use it in case the worst happens and it might assist with an appeal. You would need to be careful how you do this of course as you do not want to upset counsel.

        Maybe a polite 'I understand you do not want to use XYZ evidence and I am not intending to offend you at all. However, If I am convicted I would need grounds for appeal and I would be grateful if you would sign this to indicate that you are refusing to take my instructions on this matter'.

        Or ask for him to sit down and explain why he does not wish to make use of certain evidence (or arguments). Attitude is everything though so do your best to be polite. I know it's difficult as some barristers are up their own backsides......hopefully yours won't be.
        People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

        PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

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