Major question to all of you

[Fusiondoe]

Hey guys

My original thread is here http://www.daftmoo.org.uk/mooforum/s...exual-assault)

Sorry to make another thread however I just wanted to get everybody’s attention... Please do feel free to merge this with my original thread.

Is it true 10000000% that police CANNOT show the complainant your defence statement or any of your defence material at all?

My solicitor and barrister believe that my FA has been shown my defence statement and I just want to get clarification from you guys if that is allowed? If it is indeed illegal, is there anybody here who has experienced this and if so how do I play this?

EDIT: just for clarification I’m asking this as my solicitor only said this in a brief email and it is a little late to call and ask now

[Casehardened]

It was quite useful to start this as a new thread as the information could be of general interest to everyone.

Your defence statement does get seen by the FA's legal team as a matter of course but I've no idea if this means that the FA then gets to see it.

However I can easily imagine the prosecuting barrister having it in front of them when they have the pre-trial discussion with the FA so she may well then become aware of the contents.

[Teh_Jawshy]

Same situation!

Hi Fusion,
I have a similar question as the Police read out my FAs statement during our recorded interview and as they took mine - Was wondering if this is then filtered back to her as I have been made aware that many are presented with the opportunity to change their story at any given time?
Also, you mentioned you have a solicitor? Was this Pre-Charge as I am currently in limbo at the moment trying to decide whether or not to pay out for a solicitor as I am still in the Ongoing Investigation stage with no charges yet made and it is also still early days?

Thanks!

[Peter1975]

No. The complainant cannot see any defence material, however, I have heard of this many times. A complainant being allowed to read a defendant's statement would be nothing short of perverting the course of justice but difficult to prove if it had been summarised by a "friendly" copper in an off the record chat before a further statement is taken when the comp suddenly "remembers" something.

The most common theme is that dates are changed when alibi's are provided - so it is wise to take advice from your solicitor about avoiding giving a specific alibi in interview if you have one.

It's an important distinction though that the complainant doesn't have a legal team as such. They are a witness in the crown's case against the defendant. Beyond a meeting with the prosecutor to put them at ease before giving evidence, their involvement is only with the police and victim support and although I have heard of a prosecutor allegedly showing a statement to a complainant before trial, it is crooked or inept police that are only interested in getting a charge for their clear up stats that are most often behind it.

As I say, it might be difficult to prove but if the complainant has changed their story to match your statement with remarkable clairvoyance it will make for some interesting cross examination.

Please keep us updated.

[Fusiondoe]

No. The complainant cannot see any defence material, however, I have heard of this many times. A complainant being allowed to read a defendant's statement would be nothing short of perverting the course of justice but difficult to prove if it had been summarised by a "friendly" copper in an off the record chat before a further statement is taken when the comp suddenly "remembers" something.

The most common theme is that dates are changed when alibi's are provided - so it is wise to take advice from your solicitor about avoiding giving a specific alibi in interview if you have one.

It's an important distinction though that the complainant doesn't have a legal team as such. They are a witness in the crown's case against the defendant. Beyond a meeting with the prosecutor to put them at ease before giving evidence, their involvement is only with the police and victim support and although I have heard of a prosecutor allegedly showing a statement to a complainant before trial, it is crooked or inept police that are only interested in getting a charge for their clear up stats that are most often behind it.

As I say, it might be difficult to prove but if the complainant has changed their story to match your statement with remarkable clairvoyance it will make for some interesting cross examination.

Please keep us updated.

Thanks Pete. Very helpful