Section 8 guidance on requesting disclosure

[innocentson]

I'm slightly confused over what's going on now , but the gist of it is our sons trial is drawing near

However the requested unused evidence request has been refused... This covers a number of items that we feel strongly will support our sons case. So I'm told we have to go to court to get the judge to either force them to deliver it to us. Or he could agree with cps that it's not required (God knows how tho as part of this is cctv !)

Two things : I'm really scared we get the original bail judge as he was so against our son from the off ..
- but I guess we can only pray we get a fair one

The other is (as I suspect) they have lost the evidence from years ago & therefore where does that leave us ?

Anyone had similar experience of this pre trial process ?

Thanks all
Innocentson

[Rights Fighter]

Who has lost evidence from years ago?

Does this relate directly to the allegation?

Yes def can apply for the evidence/disclosure via a judge. Unfortunately def (or CPS as far as I know) cannot choose the judge.

[innocentson]

Who has lost evidence from years ago?

Does this relate directly to the allegation?

Yes def can apply for the evidence/disclosure via a judge. Unfortunately def (or CPS as far as I know) cannot choose the judge.

Hi RF

I think the police have lost the evidence they collected nearly 10 years ago ..... (They closed the case the same week at the request of the alligator). But they list items collected - so should be in storage.

Although the cps haven't said that yet .... But on the listed & unused list : apart from the usual stuff they say against each listed item... Against the cctv they comment "unseen"

We're awaiting court date in the next 2 weeks to appeal for evidence disclosure ... So I'll know more then.

My concern is whether the judge agrees with cps in that the defence doesn't need it & we have to continue to trial without materials that prove (we strongly feel) the allegation is a work of fiction !

This is surely unfair ...... But fairness and open and honesty doesn't seem to count with the cps / police

Regards
Innocenttson

[Rights Fighter]

If evidence is "missing" that would unequivocally prove innocence, hopefully counsel would apply to have the trial stayed as an abuse of process.

If the CCTV is only footage of before or after the alleged assault, and not OF it, there might be a problem. I suppose it would depend on whether the complainant said (a scenario) he dragged her by the hair through the bushes before, and the CCTV showed them walking arm and arm seconds before, that might help.

Also, if she said that she ran away screaming afterwards, and it showed her walking arm in arm, smiling up at him, that would help - but then it would depend on whether a judge would want this to go before a jury. If it's missing, it can't of course. So potentially it could jeopardise his right to a fair trial.

[innocentson]

If evidence is "missing" that would unequivocally prove innocence, hopefully counsel would apply to have the trial stayed as an abuse of process.

If the CCTV is only footage of before or after the alleged assault, and not OF it, there might be a problem. I suppose it would depend on whether the complainant said (a scenario) he dragged her by the hair through the bushes before, and the CCTV showed them walking arm and arm seconds before, that might help.

Also, if she said that she ran away screaming afterwards, and it showed her walking arm in arm, smiling up at him, that would help - but then it would depend on whether a judge would want this to go before a jury. If it's missing, it can't of course. So potentially it could jeopardise his right to a fair trial.

Thanks RF - as always very useful info

We're going before a judge to ask him to force the cps to disclose all the unused but listed materials .... I think at this point the cps may have to confirm it still exists or not. I'm assuming they can't find it due to the comment listed about "unseen". So we will know more then

I've been told not to get my hopes up tho- as whilst we believe the evidence will confirm consent . The cps could say they think it might confirm theirs.....So the judge could decide to just ignore it and trial continues.

But they "had" it originally, as in their records of collected on the morning of the consensual sex..... So if they have lost it: it's grossly unfair"....

I can't help but feel foul play and just sheer exasperation by the whole biased against the defendant proceedings .....

Thanks
Innocenttson