Crown court Appeal+Litigant in person.

[des8]

Re: Crown court Appeal+Litigant in person.

Aye Steve You're right. I was getting confused.
However, as " transcripts of proceedings in the Crown Court are provided free of charge to any party that has been granted a right to representation by the Criminal Defence Service"* and as OP was legally aided presumably he qualifies.
I suggest asking at local Crown Court and see what they say

* quote from H Harman Minister of State (Dept. of Constitutional Affairs 20th June 2006

As an aside it seems to me inequitable if Civil court transcripts are available at public expense but criminal court transcripts are not.

[stevemLS]

Re: Crown court Appeal+Litigant in person.

Bah, just typed lengthy post and lost it.

The gist was that Ms Harman's statement was 6 years before the Legal Aid,Sentencing and Punishment of Offenders Act 2012 and 8 years before the last major overhaul of the Criminal Procedure Rules which was last year. So my guess would be that no-one will much care what a junior minister had to say in 2006.

I have known cases in the court of protection, where the protected party (acting through the Official Solicitor) is faced with being deprived of their liberty and has had their requests for publicly funded transcripts denied.

Whether that reflects wider practice, I don't know.

I agree both with your point about the inequity of it and the OP's more general point about access to justice.

[Amethyst]

Re: Crown court Appeal+Litigant in person.

Sorry Steve, the site went down momentarily xx

[stevemLS]

Re: Crown court Appeal+Litigant in person.

Also agree, btw, that it does no harm to ask at the court that heard it, although I am uncertain whether OP has already asked and that is what they wanted £26.00 for.

- - - Updated - - -

Sorry Steve, the site went down momentarily xx

Ah well, it chose its moment to have a hissy fit! lol

[hayclan]

Re: Crown court Appeal+Litigant in person.

Thank you stevenmLS & des8 & I agree that there is no harm in me asking the Crown Court and i'll do that today. (by the way boys I'm a girl) can I impose a little further please, since being a LIP I received paperwork from the prosecution called unused non sensitive info & sensitive info I honestly don't understand it but amongst it was a single sheet saying I was responsible for water at so & so address commencing 2000 it wasn't put in evidence at my trial but as used against me at my tribunal, the sheet says page 2 of 6 and I believe the missing pages would show that I moved out the area in 2003 etc. Would I be entitled to ask for and receive a copy of the missing pages even though they are not used against me now? Thank you.

[hayclan]

Re: Crown court Appeal+Litigant in person.

Also I don't understand what is meant by '12 months from the commision of the offence' it reads to me that it's from the start of the offence but CPR say the last day of the offence. Would you make it clear for me please? Thanks.

[des8]

Re: Crown court Appeal+Litigant in person.

Also I don't understand what is meant by '12 months from the commision of the offence' it reads to me that it's from the start of the offence but CPR say the last day of the offence. Would you make it clear for me please? Thanks.

The commission of an offence is the perpetration of an offence, ie the whole time that the offence is being committed so CP are correct.

[des8]

Re: Crown court Appeal+Litigant in person.

the sheet says page 2 of 6 and I believe the missing pages would show that I moved out the area in 2003 etc. Would I be entitled to ask for and receive a copy of the missing pages even though they are not used against me now? Thank you.

You could certainly ask for them, and IMO as they are mentioned in the evidence (even so slightly) they should be disclosed.
Whether I'm right, others will know, and whether or not they will disclose them is another question!

[hayclan]

Re: Crown court Appeal+Litigant in person.

Hello again, If my appeal goes ahead I do have a defence statement with exhibits, how does my statement and exhibits get presented to the court? Do I simply put these into the court on the day or at some point before? I will not be taking the stand and I am hoping to make a statement from outside the witness box. As the court will have already had my statement and exhibits is it correct for me to simply read my defence statement to the court. If I do not make a statement from outside the box can/will the court still be able to consider the contents of it.
Obviuosly as I am unrepresented I will not have a Barrister to adduce evidence from me so if I did go into the witness box I'm not allowed to have my notes with me so going into the witness box will not allow me to give my side of the story in any meaningful way.
Obviously I do have questions for the witness' but much of my evidence consists of emails, letters and Bills which cannot be addressed by the witness' and it is impractical, and seems unnecessary that witness' should have to attend court to verify such things as receiving and replying to emails etc.
I don't know to get my evidence heard properly.
Thank you.

[seduraed]

Re: Crown court Appeal+Litigant in person.

As for costs and things have a look locally for any charities in your area there are often in villages obscure charities which can make payments for personal financial need. some churches have these as well . Eg the vicars relief fund a At
"St Martin in the Fields"

[des8]

Re: Crown court Appeal+Litigant in person.

Appeals to the Crown Court are governed by Part 63 of the Criminal Procedure Rules. Have you read it and also the relevant Practice Directions?
You say you have questions for a Witness, but as you are acting in person I don't believe you are allowed to question a witness.(Part 31 of CPR) [altho' I might well have misunderstood]

"I don't know to get my evidence heard properly."
Quite frankly I'm not au fait with criminal procedures, and can't advise you.
I have been looking at CPR and Practice Directions and am becoming more & more confused:tinysmile_cry_t:It will take time to unravel.
Why not ask the solicitor you were using for advice on procedures, or did you part on bad terms?

[stevemLS]

Re: Crown court Appeal+Litigant in person.

Neither am I particularly well versed in criminal procedure.

I can, however, reassure you that in a case of this nature you will be free, within the normal rules of evidence, to cross examine witnesses.

The restrictions that des mentions operate only to prevent a litigant in person cross examining complainants in sexual offences, child complainants or witnesses or particular witnesses on application by the prosecution.

There should be no restriction whatever in a case of this nature.

[des8]

Re: Crown court Appeal+Litigant in person.

The restrictions that des mentions operate only to prevent a litigant in person cross examining complainants in sexual offences, child complainants or witnesses or particular witnesses on application by the prosecution.

As per 31.1 of CPR . Thanks Steve.

[hayclan]

Re: Crown court Appeal+Litigant in person.

Want to say a big THANK YOU to des8, seduraed, stevemls & all the others that have helped me on here with prompt advice. Yesterday my appeal was allowed and all convinctions quashed! I have been fighting this for 4yrs and I lost my home but at least it's over now. Bless you all. x

[Amethyst]

Re: Crown court Appeal+Litigant in person.

That is great news. Well done for standing up for your rights. I'm sure the guys will have some questions about how things went so tagging them... [MENTION=39710]des8[/MENTION] [MENTION=9906]seduraed[/MENTION] [MENTION=48758]stevemLS[/MENTION]