Support groups

[AmandaF]

So I went along to a meeting of "Innocence" in Sheffield last week, who are attached to various Innocence projects in the uk. Although they tend not to take on sexual abuse cases, there was a lot of good advice to be had, plus it's a platform for one's feelings and frustrations. Has anyone asked for a "Schedule of non-used evidence"? Was it a useful exercise? Also is there any point in having an independent psychologist's/psychiatric report as grounds for appeal? My not guilty partner who is still waiting to be sentenced was interviewed by the prison psych who said because he denied the crime he was a bigger risk. Nice. But there again they're not there to think that a criminal is possibly wrongly accused/ convicted are they??

[Rights Fighter]

I think you are in Scotland - yes? Scots law is different to English as you know.

The unused can be critical but usually before trial. However, if there is evidence in the schedule that was not disclosed to the defence, that should have been, this can provide a ground with which to appeal, depending on what it is and how it could affect the safety of the verdict. Usually this means it has to go to the heart of the allegation but if it suggests that there has been mismanagement on the side of the prosecution/police that can throw a doubt on the investigation too.

There's the Unused Schedule and there's the Unused Material. All Unused Material should be listed on the Schedule. Some things on the Schedule (in England) will be marked as CND - Clearly Not Disclosable. Sometimes that evidence IS disclosable.

If there is such evidence then a good solicitor/barrister would (possibly through the courts) request that material. However it cannot be used as a fishing expedition.

[AmandaF]

Thanks for the clarification- we did not realise any of this was available pre trial otherwise we would have requested it. The whole thing has been nothing more than a three ring circus. I was co-accused and as such was in the dock throughout the prosecution case, of which we had 2 common accusers. The first one was questioned and cross examined about both of us, then the second one gave his evidence about my partner, then the fiscal sat down . There was a bit of confusion amongst the legals as the QC was then invited to cross examine about my partner. I asked my lawyer what had just happened and he said that the fiscal had "taken a view". My case was dismissed shortly after. However I have been told by my partner's brief that the fiscal purely and simply "forgot"!!!!!

[Rights Fighter]

You are a lay person and cannot be expected to know what to look for in the unused material on or the Schedule.

A fresh appeals solicitor or direct access barrister/advocate (if they have them in Scotland) could investigate the Unused material and schedule.

[AmandaF]

Unfortunately, for those of us who dwell in Legal Aid Land it would appear the only option is DIY.