son falsely accused of rape and now charged

[Rights Fighter]

As to when the defence witnesses give evidence, that is usually down to defence counsel who makes that decision. Usually it depends on how the defendant will or might present himself. For instance if he will make a good witness it's likely he would go on last so his evidence is freshest. If not then material witnesses followed by character witnesses would go after the defendant.

It is better that your lad doesn't put on an act but goes onto the stand as he is. It would be odd if a defendant protesting his innocence did not get upset while giving evidence. Tears are fine providing they are not crocodile tears - leave those to the false accusers.

Best he now starts learning to hold conversations minus the 'I'm not being funny but' so he is ready when he gives evidence.

Some are sentenced straight away, some have a pre-sentence report (for instance if they have medical health problems) and sometimes the judge has to think about it when presented with mitigation arguments from defence (as to why he should be sentenced leniently).

If he is to be sentenced later on it might help to get people who know him well writing to the sentencing judge pleading for leniency. They don't always work but sometimes they do. You would have to give these to defence counsel before the sentencing hearing. Arguments such as no previous convictions, elderly parents who rely on him etc etc can assist with this.

Some guys are remanded into custody before sentencing and some are allowed home until sentence.

One of my guys and his wife were bailed pending appeal immediately after the trial but those were very exceptional circumstances.

[mumneedinghelp]

y son's trial starts on November 25th and he has had a phone call from the solicitor today to say he has to attend a pre-trial review meeting at court tomorrow. Can someone tell me what this is and why is it at such short notice?

[Rights Fighter]

As this is the first of this hearing you have heard about, then I would say that this usually means that something may have cropped up that needs to be discussed before going to trial.

I only know from the defence side: possibly certain evidence has not been obtained by the Crown or they refuse to disclose it so possibly the defence needs to ask the judge to order that evidence (whatever it might be) to be disclosed (to defence).

[mumneedinghelp]

My son had a pre-trial review on Friday. Will the judge who presided at that preside over the trial?

My son said he told off both barristers because both have not got all the evidence they want for the trial. He said they had had long enough to get all the evidence and no way was the trial going to be delayed. On the defence side they are waiting to receive the recovered texts from my son's phone and they should arrive this week - they were delayed by CPS being reluctant to hand over the phone. The prosecution are waiting for information about a caution my son has, which is the same situation they were in when he was charged and trying to remand him and that is 7 months ago. The defence team did state in the defence statement that a previous caution should be ignored but obviously the prosecution are going to bring it up.


The trial was originally estimated to last 4 days but if that judge gets his way it should finish before then. He said he saw no reason for any of the prosecution witnesses to appear in court - that is her friend, her mum, the police and the medical examiner. He said it was a waste of their time and money and gave both sides until yesterday to argue the case for their appearance. I don't know if this is a good sign or not. If they do not appear are their statements just read out? Does the jury get a copy of all the statements?

[can it get worse]

I have absolutely limited knowledge but this sounds good about the judge. It feels he is a fair person who can identify with the 'game playing & farcical manner' in which CPS act.

I hope you get answers on here to your questions - I think they will help anyone in this situation. I am very ignorant the processes. But learning as you seem to be through experience.

I wish you many hugs in the lead up to the trial.

[myhome]

I'm not sure of legalities but on the face of it, it sounds promising to me if a judge won't allow prosecution witnesses....

[Seeking Justice]

Hi - i am no expert but my experience was that my trial went ahead regardless.

There will be pre-trial arguments about the admissibility of alot of the evidence, including witness and such things as previous history etc.

I dont know for sure but i think this is pretty standard.

My barrister told me whatever the trial is listed for you should times it by two - it was right in my case - listed for one week ended up taking exactly 2 weeks.

Fingers crossed for you.

[whatsgoingon?]

Hi MNH - The policeman's statement and the medical examiner's as well as all results go to the jury, there shouldn't really be any need for them to appear as all the relevant info should be in their reports. I'm not sure about her mum's and friend's - I would have thought they do but it may be they're 'edited' first.
As for them appearing as witnesses, maybe the judge is thinking along the lines... 'These are people who want to carry out their own form of rough justice as well as using the law, perhaps they're also trying to use their bullyish tactics on the law'. Possibly the case seems pretty clear cut to him.
He's right about cost saving. The OIC in my son's case was present for the entire 5 days .... he was called to the stand once ( for about 15 minutes) and couldn't answer the one very basic question that was put to him. That was a full week's work for him - on full pay and probably a supplement for court appearance and expenses.

[mumneedinghelp]

My son has just had a call from his solicitor to say the trial is being delayed by a day so it won't start until Tuesday. It is scheduled for 4 days but reading other posts they often seem to go on for longer than expected so I am preparing myself for another weekend of worry. I am supposed to be starting a new job the week after next so I may have to throw a sickie. Good start!!

[myhome]

Hi MNH - please try to completely fill your weekend with activities of any type that you and your family enjoy together or separately - you will find the time goes much more quickly. You cannot change anything by sitting worrying and you will feel much much better if you fill your time......

[whatsgoingon?]

Good luck to you and your son tomorrow and over the next few days. Don't be surprised if there's alot of time-wasting on the first day.

This is likely to be a very tough and exhausting few days for you both. Try and get away from it in the evenings if you can and both get as much rest as possible even if it means relying on medication or homeopathy.
Take care. Hope the angels are with you.

[can it get worse]

Will be thinking of you and your son for tomorrow.

Take care and big hugs.

[mumneedinghelp]

First Day of the Trial

Thanks for the good luck messages.

Feeling positive after day 1.

As I am a witness, although at the end of the day I was told by the barrister that now I may not be required, I spent all day sitting outside the courtroom and I am not allowed to know details of what has been going on but I know before the trial started my son was told that prosecution were willing to drop the rape charge if he pleaded guilty to the 2 counts of sexual assault. He of course said there was no way he was going to plead guilty to anything. FA and her friend took the stand and apparently it was a shambles from both of them so my son came home feeling a lot happier.

He will be on the stand first thing tomorrow and I just keep telling him to stay calm whatever prosecution throw at him.

Will update tomorrow.

[o my god]

Thanks for the good luck messages.

Feeling positive after day 1.

As I am a witness, although at the end of the day I was told by the barrister that now I may not be required, I spent all day sitting outside the courtroom and I am not allowed to know details of what has been going on but I know before the trial started my son was told that prosecution were willing to drop the rape charge if he pleaded guilty to the 2 counts of sexual assault. He of course said there was no way he was going to plead guilty to anything. FA and her friend took the stand and apparently it was a shambles from both of them so my son came home feeling a lot happier.

He will be on the stand first thing tomorrow and I just keep telling him to stay calm whatever prosecution throw at him.

Will update tomorrow.

really happy all went well 2day lets hope all goes well 2moz

[myhome]

this is sounding promising but do be aware that many members have said on here that when they have taken the stand and been grilled by the prosecution barrister it has been awful and at the end of the day they have felt pessimistic again. everyone has said a trial is a real up and down of emotions so try not to second guess what's going to happen...be strong for your son and make sure someone is being strong for you....