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I have received a hearing date (2 months away) having pleaded not guilty to some motoring offence allegations. I have taken legal advice in deciding to plead not guilty, and will likely employ legal representation for this case, but I have a few queries I would like some advice on first please all.
In deciding to plead not not guilty I received the usual paperwork from the court with witness statements from the prosecution. Would this be all of the evidence the prosecution has against me or do I need to request full disclosure from the police/CPS? The letter/ notice of hearing didn’t come with anything else, just a single page with a date etc. Would the evidence have to be provided to me as a matter of course by the prosecution by a deadline prior to the hearing as laid down in criminal procedure rules, much like they must in civil hearings? If I have to request disclosure how do I do this? In summary, should I expect to receive an evidence pack from the prosecution prior to the hearing in accordance with procedures, in which case I just wait? Or must I proactively request this? I’ve read a few things about obtaining disclosure being very difficult which, in itself, can be used to have the case thrown out.
Secondly, with a criminal case, is it possible to resolve the matter between the prosecutor and defence prior to the hearing? In civil cases you are encouraged to attempt resolve prior to hearing. Is the same true in criminal proceedings? My thinking is that once both sides have disclosed, if it is pretty clear there is no case to answer, can the prosecution drop the case prior at any point?
Many thanks in advance.
In deciding to plead not not guilty I received the usual paperwork from the court with witness statements from the prosecution. Would this be all of the evidence the prosecution has against me or do I need to request full disclosure from the police/CPS? The letter/ notice of hearing didn’t come with anything else, just a single page with a date etc. Would the evidence have to be provided to me as a matter of course by the prosecution by a deadline prior to the hearing as laid down in criminal procedure rules, much like they must in civil hearings? If I have to request disclosure how do I do this? In summary, should I expect to receive an evidence pack from the prosecution prior to the hearing in accordance with procedures, in which case I just wait? Or must I proactively request this? I’ve read a few things about obtaining disclosure being very difficult which, in itself, can be used to have the case thrown out.
Secondly, with a criminal case, is it possible to resolve the matter between the prosecutor and defence prior to the hearing? In civil cases you are encouraged to attempt resolve prior to hearing. Is the same true in criminal proceedings? My thinking is that once both sides have disclosed, if it is pretty clear there is no case to answer, can the prosecution drop the case prior at any point?
Many thanks in advance.
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