What happens if interview recording is not disclosed

[wonderwoman2012]

Only a few weeks away from court date and still no interview tape!

Lawyers first said judge would end case as no good reason given,

now saying judge will do what ever he thinks best on the day.

Hoping that we can get case dropped before full trail anyway on evidence of her perjury we have.

Has anyone else had cps/not hand over tape.

The witness statements were only emailed to lawyers about 20 hours before the end of the 9 weeks they had to hand them over. Next day we where in court.Nice they give you so much time to work on these thing.

[myhome]

Hi Wonderwoman2012 - sorry I can't answer your questions as I've not been arrested or charged yet, but I just wanted to welcome you to the forum and say that you'll get a lot of support and advice on here....someone who can answer your questions will be along soon.....

[lonley place]

Hi Wonderwoman & Welcome. Can't answer your questions but want to add our support. LP

[whatsgoingon?]

Only a few weeks away from court date and still no interview tape!.

Instruct your lawyer in writing (email will do) to request/demand tapes as soon as possible. Once you have them, compare them to the written statement (he/she should do this but there may be things he misses or doesn't have time to do thoroughly) He/she should then send the amendments to the court.

[wonderwoman2012]

The lawyers have asked over and over again for the recorded interview. A couple of weeks ago the police sent a slip for accused to sign and date (a joke it said nothing on it at all apart from signiture and date with a code at the top).

We are lucky he had a wonderful duty solicitor that really did not like what was going on. He wrote down as many of the questions as he could because they where so odd. Her story is so odd.

Looking at the duty solicitors notes we think they know they have not stuck to the rules and therefore don't want to hand over recordings. Can only wait and see really.

A lot of strange happening that the lawyers who deal with this stuff all the time seem to be scratching there heads about.

Suppose I was just wondering if anyone else has had problems getting hold of there interview recording.

[Casehardened]

One of the reasons for getting a case stopped by the judge is if there has been 'abuse of process'........fairly self-explanatory!

I am pleased you have confidence and rapport with his solicitors, this is so important; perhaps you could seek their opinion if they think such an application would be successful.

The more historic a case is, the more likely it will; after all at the very least, any independent witnesses recollections will be somewhat blurred.

[whatsgoingon?]

This is a useful link to check if proceedure has been properly carried out.
The one which relates to taped interviews is E 2010 ( if you scroll down the page you'll find various codes you can download).
Sounds like they're taking things into their own hands again...

http://www.homeoffice.gov.uk/police/powers/pace-codes/

[wonderwoman2012]

Thank you for the link. Really good of you.

I have printed off the code of pratice for recordings and also arrests. A couple of interesting details in both of these that may help. Will show relative tomrow. Sure the lawyers know what they are doing but worth checking that everything is covered.

We will have to see if these tapes ever turn up and if they do will they show that the statements have been unoffically altered or charges not all put to accused. Both are looking very possible, judging by duty solicitors notes of questions.

Accuser made him sound like head of a pedo ring. The went in hard when they arrested him. Ran away when they realised he was not what they thought. Months later the cps decided to prosecute (post savile, we will take all accused to court and believe all accusers). This has left the police desprate to prove she is telling the truth. Only speaking to witnesses that she has given them and building a case on that.

One officer at the police station said that DC jobless (she will be) was really excited about the international link. Nice glad she was excited

[whatsgoingon?]

Hi Wonderwoman - you're welcome.

I burst out laughing at the International link!

If the tape's been lost, I'm not sure if it can proceed unless their going to ditch her video ..... As you'll have seen from the PACE code, there is a strict procedure for the tapes, not sure that they can get lost.

' Mistakes' do happen when transcribing from the tape to the writen statements ( known by plod as 'typos').

Even if it does go to court, your FA's witnesses may not even turn up , in which case your barrister does not have to accept their statement (not sure if it's just part of or the whole thing) Or they may be seen to be lying which would totally work against the alleged victim.

In the end , the justice needs to be seen to be functioning as it should be, it doesn't do it any good for cases to be going through on no or conconcted/collated evidence and then the whole thing made out to be a farce.

All the best.

[wonderwoman2012]

Just to update this thread.

STILL NO TAPE RECORDING OF ACCUSED INTERVIEW!!!!

He has a pre court meeting with barrister and solicitors this afternoon then in court in a few days.

He says tapes will never show up unless they plan to edit them as interview questions and her statements don't match up etc...

I think if they do finally hand them over it we be 24hrs before court. Just because they can (police power trip).

[Saffron]

That's ridiculous.
What does your sol say? Possible cause for an "Abuse of process"? How can you defend yourself if you don't have every shred of evidence?

[Rights Fighter]

Just to update this thread.

STILL NO TAPE RECORDING OF ACCUSED INTERVIEW!!!!

He has a pre court meeting with barrister and solicitors this afternoon then in court in a few days.

He says tapes will never show up unless they plan to edit them as interview questions and her statements don't match up etc...

I think if they do finally hand them over it we be 24hrs before court. Just because they can (police power trip).

Thanks for clarifying whose interview recording you wanted as I wasn't sure if this was the complainant's or the accused.

The accused is entitled to his own copy and should have been at least offered the opportunity to have it immediately after the interview.

I take it there is a transcript (ROTI) either index or full. Counsel should push for this recording(s) at the next court hearing because it is possible that the transcription may not be entirely accurate, hence the reluctance to hand it over.

I went though a guy's pre trial paperwork for appeal some years back. At the bottom of one page was

'DC: she said you did x, y and z'

Top of next page was: 'Suspect: That's true'

I asked for the tape so I could transcribe it properly, and the the word 'not' had disappeared from 'That's NOT true'.

This is for counsel to argue at court if the sol cannot obtain it beforehand.

[whatsgoingon?]

There were similar mistakes in my son's transcribed statement - 30-40 in all including at least one which, like the example you've just given RF, could definately have been taken as an admission of guilt. They even got the 'place of interview wrong'.

[Hol]

There were similar mistakes in my son's transcribed statement - 30-40 in all including at least one which, like the example you've just given RF, could definately have been taken as an admission of guilt. They even got the 'place of interview wrong'.

My husbands was the same. He had the full written interview and the condensed one and he kept saying the same, so he asked for the audio and his barrister gave him a copy and guess what? They had been taken out, but it didn't make any difference, the court still went ahead. All wrong I know, but keep reading the interview and write and number all paragraphs and on your visit to the barrister put them in front of him and ask him if this can be put forward before the court case starts. Hopefully by keep reading it you'll find more mistakes, all mistakes need backup strong enough to put to the judge. We couldn't prove ours, it was hearsay. Best of luck and I hope it does get resolved earlier rather than later.
Hol

[wonderwoman2012]

Tapes finally got handed over at court last week. Plus transcripts, a new hearsay witness interview and some over documents. Judge has made it clear that they have to hand anything else they want to use over by a certain date. He set out a timetable for things to be done.

We have a full trial date if the cps choose to go ahead after what they where informed of at court. In the present climate hard to no what they will decide but would have thought judge would not be impressed after what they were told by our barrister.

Just have to sit and wait now.