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Disclosure time limits

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  • Disclosure time limits

    How long before a court hearing would you expect to have disclosure of evidence?
    Would this include addresses for who needed to be served the evidence?
    Tags: None

  • #2
    Hi,

    We'll need a little more information to point you in the right direction. Is this a first hearing or has there been a previous order? What is the matter concerning (no detail needed just an indication of the type of claim involved).

    Service of any documents on the 'other side' would be to the address on the claim form or their lawyers (which would also be indicated on the claim form) and the Court.

    Hopefully we can help a bit more, once we have a little more information form you.
    I am a qualified solicitor and am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

    Comment


    • #3
      Assuming this is a criminal case and the hearing referred to is the the first hearing (re, how long before a court hearing) and that a not guilty plea will be entered.

      In that case in accordance with the Criminal Procedure and Investigations Act 1996 (Code of Practice (paragraph 10.1) the disclosure of material should be 'as soon as possible following a formal indication from the accused or representative that a not guilty plea will be entered at the hearing'.

      If there has been no formal indication of a not guilty plea then disclosure of material should be 'at the hearing where a not guilty plea is entered'.

      Criminal Procedure and Investigations Act 1996 (Code of Practice)

      https://assets.publishing.service.go...e-approved.pdf

      Comment


      • #4
        Hi, It is an appeal hearing at Crown Court against a previous conviction given in Magistrates court.
        The main thrust of my appeal is that the details of what was disclosed for the magistrates hearing was not clear or indeed not disclosed at all.
        Had it been fairly disclosed for the Magistrates hearing then I would have had witness statements that would discredit what was used as evidence at the that hearing, obviously I now need to disclose my statements and other information I have which challenge the charge but with no address where to disclose to or when and having heard nothing further from the court I am worried I will again lose the right to defend the charge fairly.
        I called the court office yesterday but they say there was no information in the directions hearing notes stating if or when disclosure is required which seems very strange to a layman like myself.

        Comment

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