History2 mins ago
GBH with 1 witness
My case is up on the 29th June but there is a preliminary hearing on the 6th May which I do not have to attend (pleading not guilty). What is this hearing for and can a case be thrown out at this stage?
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As you have been excused attendance this will almost certainly be a “case management” hearing. At this hearing the issues of the case will be disclosed and discussed – what is agreed and what is in dispute. The witness requirements will be determined – whose evidence is disputed (so the witness will need to attend the trial) and whose can be “agreed” so those witnesses can be excused attending. When this has been done the availability of those needing to attend will be taken into account before finally a date for the trial is fixed.
In short, the hearing is designed to keep the trial to a minimum length by identifying the issues in advance and making sure that all the people who need to be there on the day are able to attend. There is no facility to discontinue the case at this stage other than the overarching principle that the CPS can discontinue a prosecution at any stage if they wish.
The Magistrates will not be invited by either side to consider whether the case should be discontinued at this hearing. In fact there are very few circumstances in which Magistrates can order the discontinuation of a prosecution before it reaches trial.
In short, the hearing is designed to keep the trial to a minimum length by identifying the issues in advance and making sure that all the people who need to be there on the day are able to attend. There is no facility to discontinue the case at this stage other than the overarching principle that the CPS can discontinue a prosecution at any stage if they wish.
The Magistrates will not be invited by either side to consider whether the case should be discontinued at this hearing. In fact there are very few circumstances in which Magistrates can order the discontinuation of a prosecution before it reaches trial.
Thanks New Judge. I thought my court date was set for the 29th June, I'm surprised that the witness hasn't been informed that he will have to attend court yet. This annoys me because I want him to be annoyed thinking about it just like i have been!
Eddie51- yes this is the same case. I reckon that they got my description accurate from facebook, don't know how my name was put to the scene of the crime. Like I say one guy says it was me and here I am!
Eddie51- yes this is the same case. I reckon that they got my description accurate from facebook, don't know how my name was put to the scene of the crime. Like I say one guy says it was me and here I am!
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