Notice of intended prosecution

[Auric Goldfinger]

No video was shown and he made no mention of it. Point were reduced from 7 for early guilty plea.

 

To be honest I'd be getting onto the IPCC You've been shafted BIG STYLE, you must have a right to see the Video Footage. You must have the right to see both sides of the evidence.

 

I'd appeal the desision on the grounds it's all been one sided and not in your favour. The video evidence could have been altered to make it look worse than it actually was

 

 

Good luck............

Edited 6 October, 2016 by Auric Goldfinger

[Ootohere]

It is the PIRC in Scotland

http://pirc.scotland.gov.uk

 

It was a good result, as was 5 points in a Scottish Court IMO.

[Auric Goldfinger]

No video was shown and he made no mention of it. Point were reduced from 7 for early guilty plea.

 

If your sentence was the death penalty   " Would you appeal ? "

[Bud]

Just read this and it does seem quite bizarre and you may have moved on but... only a few mins on google brought this up.  

 

from : http://www.crownoffice.gov.uk/images/Documents/Prosecution_Policy_Guidance/Guidelines_and_Policy/Code%20of%20Practice%20-%20Disclosure%20of%20Evidence%20in%20Criminal%20Proceedings.pdf

 

THE 6 CORE PRINCIPLES OF DISCLOSURE

1. The Crown is obliged to disclose all material information for or against the accused (subject to any public interest considerations). This relates to statements but it also relates to all information of which the Crown is aware.

2. “Material” means information which is likely to be of real importance to any undermining of the Crown case, or the casting of reasonable doubt on it and of positive assistance to the accused.

3. This legal duty persists in perpetuity. This means that the duty exists during the appeal process and even where there is no live appeal, for example where such information comes to the attention of the Crown after conviction, or after an appeal has been refused.

4. Compliance with the duty requires the Crown in all solemn proceedings to disclose all statements (as opposed to precognitions) of all witnesses on the Crown and defence lists, including section 67 notices.

5. Compliance with the duty requires the Crown, without having to be requested to do so, to disclose all material previous convictions and outstanding charges for all witnesses on the Crown lists, including section 67 notices.

6. Failure to disclose material information risks a miscarriage of justice. Disclosure carried out properly and timeously ensures that justice is done and prevents unnecessary trials and delay. 

and:

1. 18.3.  The summary of evidence section of the SPR submitted by the police must include:

   1. i)  An accurate narrative of events based on all relevant information obtained or generated during the investigation, including any information obtained from witnesses;

   2. ii)  Details of any medical, dental or forensic evidence (including presumptive testing) obtained;

   3. iii)  Details of any visual or audio recordings obtained, including details of whether the accused can be identified and if so, by whom;

   4. iv)  Whether any productions have been seized and whether they have been forwarded to the SPSA or other analytical agencies for analysis;

   5. v)  In drugs cases, the presumed weight and physical make up of the drugs (e.g. resin, liquid, powder etc);

   6. vi)  The basis upon which any search was conducted;

   7. vii)  Details of any information that would tend to exculpate the accused

      whether by materially weakening the prosecution case or materially

      strengthening the defence case;

   8. viii)  Details of all witness statements or notes taken including details of

      where the statement/note is recorded; and

   9. ix)  Details of any other relevant entries within notebooks. 

How can you not be provided with the evidence? I would anticipate the recording from before the roundabout until 30 secs or so after the alleged incident should be reviewed in full to ensure context.

 

 

I am English and not a lawyer and maybe I am missing something but I would expect the OP to understand if this applies and to what extent.

[Ootohere]

Very very useful. 

If someone is innocent of any & all accusations of committing an offence then this will be of the greatest of assistance.

[Sad555]

It must have been PF who was cut up ! After following this for some time it appears incredible that you have appeared in court and accepted conviction with NO evidence shown on the day in court,and you not asking for any,you posted this topic seeking advice/info and appear to just to have taken a chance on getting what is acceptable to you in the way of fine/points but with no evidence being offered and you not asking (having your day in court) appears to be rough justice and a complete failure of the justice system but if you are happy with your result,fair enough but after reading back thro the posts this appears to be all very strange and if you have documentation of the info telling you that you were not allowed to see the evidence against you I would be looking for a company with a no win no fee to take a look.

Edited 7 January, 2017 by Sad555