And In addition to assisting the court with the relevant Sentencing Guideline, prosecutors should remind the court in all cases to consider whether to make a compensation order. See under Sentencing in the link at post 14.
Magistrates Court: Plea Hearing: Member of Public correction [BEFORE] hearing started
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It seems that a 'plea' hearing is more involved than I was advised by the police -they said I wasn't required. I will go back to the police and ask them whether they intend asking for compensation. I've sent them the list of items I've had to buy [scar cream/plasters] etc. but the form relates only to payments out not compensation for pain/suffering. Thanks both for replying especially over the BH weekend. I will revisit the links.Originally posted by islandgirl View PostAnd that usually happens. Legal advisor will also mention it. It is very definately worth making sure that compensation is requested. Of course this only applies if there is a guilty plea or the person is found guilty after trial.
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I just thought I would update you as the plea hearing was yesterday, the Defendant pled guilty although still maintaining that a warning was issued and they sought to blame me! Although the police advised both the dog walker and dog owners in their statements had stated that they were aware of the previous dog bite incident [in very similar circumstances but the victim did not press charges] the Defendant's position yesterday was that they were not aware of the dog's previous bite. So there is inconsistency here. The CPS lawyer suggested we seek a private prosecution. Interestingly although we maintained from the outset that both the dog owners and the dog walker were jointly liable the police decided the owners did not have a case to answer. The court hearing however was not able to award a Contingent Destruction Order on the dog as the owners were not present at the hearing. There have been so many issues with the case handling it has left me in despair over the legal system. TOriginally posted by islandgirl View PostCompensation does not only have to cover expenses. Tell the Police you wish them to ask the magistrates for compensation for your pain and distress. You can suggest a figure to them if you wish.
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Associated to the case, I have a question. The Defence barrister/solicitor yesterday was very rude and combative in their approach bordering on arrogant [and provided much misinformation which I was not able to correct] so much so I have now looked them up and it seems as though they were called to the bar in 2021 but have not secured pupillage and are not registered either as a solicitor or barrister. They were not accompanied on this occasion by the female barrister who was showboating previously at the previously aborted hearing [that solicitor is registered in the bar/and in pupillage]. My understanding [albeit from the internet, hence I am seeking your advice] therefore, is that the Defence Barrister/Solicitor is an 'unregistered barrister' and is 'not qualified to make representations at Court or act as a solicitor under the Legal Services Act 2007' and do not have the exercise of the right of audience, so cannot make representations in Court and cannot carry out reserved legal activities without a practising certificate.
Is my understanding correct? There have been so many issues with this case - as a layman I am bamboozled by it all.....have I misinterpreted matters in relation to what the Defence solicitor can/can't do?
I am reading this that the Defence solicitor/barrister did not have the right to appear ?
The CPS prosecutor was much more helpful than the previous one [different court this time] but there was little time to discuss my case - the whole system seems fundamentally flawed and the day in Court waiting for my case and observing the other cases has been a real eye-opener. If anyone can shed any light on this particular aspect I would be grateful as I am not familiar with the process and the Witness 'Care' Officer has not displayed any care whatsoever. I feel sorry for those entangled in the system at the more serious end of things. This has been bad enough. Thank you
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