Criminal Process

Summons to the Magistrates Court.

This will be sent in a letter to your home address if you have not been arrested.

You have to attend on the date and time specified.

Court.  (Magistrates)

The Court staff will provide you/your solicitor with the prosecution bundle. This details the evidence to be used against you. (Ask at the counter)

You will have a chance to read the prosecution bundle including the allegations and the evidence and exhibits against you. 

The Court staff will then be informed that you are ready to enter a Courtroom where there will usually be 3 Magistrates present or a District Judge.

You will be asked to state your name and address and then plead guilty or not guilty to the criminal charges alleged against you.

If you plead not guilty then a Court date will be set. Depending on the gravity of the offence different things will occur. [MISSING]

Next Stage: Preparing your Defence

Preparation of the Defence Statement

The next stage is to read the prosecution bundle very carefully and to make notes of what is true and what is false.

The Complainant states that you have committed and offence. Is there proof or is it a hearsay statement? For example; you were blind drunk driving an ice cream lorry at midnight when you have never drunk alcohol due to medical issues, have never driven a car, and you were in a concert on that night and in a different city.

Are exhibits missing?  The Complainant has omitted to disclose text messages or emails from the Police or the Police have not provided them to the CPS.

Is the Complainant lying? The Complainant has provided emails which have been typed up and changed or altered. 

Witness Statements? Are there witnesses who can prove you were at the concert on that night? Witness statements will need to be prepared.  Your solicitor must contact key witnesses as soon as possible.

What should have been investigated by the Police?  Maybe the Police should have checked CCTV which proved you came out of the concert/pub/restaurant on that night which could prove your innocence.

Has the Police done all they should have done in ensuring this is a fair trial?

You have rights to see the evidence against you but also how the evidence was obtained. The Police claim evidence “mysteriously appeared” is not good enough.

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Is the Complainant malicious? Or holds a grudge against you?

What is meant by perjury?

By section 1(1) of the Perjury Act 1911, perjury is committed when:

• a lawfully sworn witness or interpreter
• in judicial proceedings
• wilfully makes a false statement
• which he knows to be false or does not believe to be true, and
• which is material in the proceedings.

What is meant by Perverting the Course of Justice?

Perverting the Course of Justice

The offence of Perverting the Course of Justice is committed when an accused:

• does an act or series of acts;
• which has or have a tendency to pervert; and
• which is or are intended to pervert;
• the course of public justice.

The offence is contrary to common law and triable only on indictment. It carries a maximum penalty of life imprisonment and/or a fine. The course of justice must be in existence at the time of the act(s). The course of justice starts when:

• an event has occurred, from which it can reasonably be expected that an investigation will follow; or
• investigations which could/might bring proceedings have actually started; or 
• proceedings have started or are about to start.

What is Abuse of Process?

The Courts as well as the CPS and the Police have an overriding duty to promote justice and prevent injustice.  Are you getting a fair trial?  Has the Police or the CPS not carried out their duties ie. responded to the Defence statement, “suppressed evidence” which is key to your defence?  Have they complied with their disclosure obligations. For example; only the police can obtain CCTV that shows you were at a railway station and not at the pub at the time the crime was said to have been committed. Has the CPS failed to provide disclosure relating to text messages that state that the Complainant was  telling a lie that undermines the case?

What is Intimidation of Witnesses?

Section 51(1): Intimidation of Witnesses/Jurors

A person commits an offence contrary to s.51(1) when doing to another person:

• an act which intimidates, and is intended to intimidate, that other person;
• knowing or believing the other person is assisting in the investigation of an offence or is a witness/potential witness or a juror/potential juror in proceedings for an offence;
• intending thereby to cause the investigation or course of justice to be obstructed, perverted or interfered with.

Concealing Evidence:

This is equivalent to Perverting the Course of Justice. [See above]

Next Stage: FILING A DEFENCE STATEMENT.

This should be prepared by a solicitor and must be done within a certain time frame.

You must ensure that your solicitor has obtained your:

• Police interview tapes. 
• Interviewed witnesses
• Read the prosecution bundle.
• Instructed Counsel with all the appropriate facts of your defence.

You must ensure that you have copies of everything including your Police interview tapes.

Ensure you write to your solicitor and ensure that this had been done.

REMINDER: If you Solicitor does not speak to witnesses they can be intimidated and or blackmailed by the Complainant and or spoken to by the Police to given evidence against you.