So you receive a summons through the post, what you do about it? Well, the first thing is want to challenge it. The strange situation is that you’re, not entitled, see the evidence until a plea has been entered with the court, and so, if I was acting on your behalf, for example, I would normally write to the court explained that we want to check the Evidence we want to challenge, it would form the intranet guilty plea via post you, don’t need to attack the court, and we would then wait for the evidence to arrive from the prosecution service now the court if it applies standard directions, the Crown Prosecution Service should then have 28 days in order to make disclosure to the defense.
In the vast majority of cases that I deal with, the crown fails to comply with the directions, and this has got an interesting point, because you may well have a situation where the police have got very good evidence against you.
I’ve, actually carried out a correct check of calibrated on the equipment, but all the data and the log sheets, the witness statements you name it – they’ve, got it, and yet it’s. The fault of the prosecution service, just with its admin problems, it doesn’t, comply with those time limits, and certainly in the past I’ve, worn cases just because the CPS not gonna suck together in the same ways we may Win a case because the police have not got the wrap together or the evidence just wasn’t there.
So a number of things that can happen. So summers is issued and you get to see basic information. But the case against you that’s, not good enough. The entrant guilty plea and wait for the evidence to come through now.
There may be a lot of evidence that come through and maybe very little, but it’s. Nonetheless, it’s, important to check and the challenge that evidence and so do by challenging it. You then have a chance of persuading the prosecution service to drop the case against you and that’s.
Certainly, one of my concerns is: can we convince the CPS to drop the charge? Sometimes that can be achieved by taking up issues with them by pointing out their inaccuracies by pointing out mistakes, and the CPS may agree they haven’t got the required evidence and the drop the case.
Check it out ...
The prosecution should really only go ahead if it’s in the interest of justice for prosecute and if there’s, a really reasonable prospect to the conviction that’s. What are the the benchmark test for the prosecution service? Doesn’t mean said that the role does prosecute cases having never even looked to the file.
That happens all the time. So there are these guidelines for the prosecution whether they actually comply with them is debatable. So we’ll get to see. Hopefully we get to see some of this evidence. It may not be good.
We may take issues open the prosecution service, but equal. It may be beneficial for you not to take issues up with the prosecution service. That may sound strange, but one of the dangers is tipping off the CPS about everything that they have done wrong, because they may just use that to strengthen their case.
Over the years I’ve tried all different things with the police and with the prosecution service. You know there may be a loophole one day it’s closed the next day after another loophole opens, and I suppose solicitors are specialized in this area, a constant in looking at what the police do, what the prosecution servers do and how we can Use the law to our advantage.
Of course, we have to give the prosecution notice that we have to let the court know what our issues are. What our concerns are what our general defense is going to be, but we can do that in a way that doesn’t overly help the prosecution service to achieve a conviction so again important to take.
There are the right legal advice, because how things are explained to the prosecution service in the police and off to determine whether you win or lose most the times. When I write to the police and rights the prosecution service, they haven’t got a clue.
What I’m talking about, I’ll, often raise issues with them. They don’t know because they don’t, really specialize. They don’t, really understand the legal issues involved and again that can work to our advantage.
We’ll, put them on notice of what our concerns are, whether they’re doing it about it is another matter, but hopefully if we can convince them not to go to call more wasn’t good. Ultimately, though, if they won’t drop the case against you, then you fight it in court.
That sounds a lot more serious than what it actually is, and I always say to people don’t worry about this. Don’t worry about the threat of court. It’s, not as bad as it sounds. Certainly, I represent all clients personally as far as possible, so any case that I deal with our deal with from start to finish.
First speaking with the clients on the telephone to representative and them at the trial, if need be, occasionally one might instruct a specialist barrister. If, for example, I’m, you know aware and holiday or double-booked or can’t make it for whatever reason, then a barrister may also assist.
But again we only use experienced barristers with particular knowledge of road traffic or with speeding and in fact, go so far as to say that actually use barristers particular barristers, depending on the type of speed camera that’s being used.