dna evidence

[jannyneve]

if someone charged with a crime awaiting trial with only dna evidence on a slide, nothing else,is proved by the defence after having the dna evidence tested by a scientist that it is not their dna on the slide, what happens then?if the person is in prison on remand awaiting trial will they be freed or will it have to go to trial still?

[jenstar]

I don't think that situation would arise, because you would need more than one piece of evidence against somebody before they could be put on trial anyway.

[Peter Pedant]

Hi every body

I dont think this question is hypothetical, jenstar....

If it has been listed for trial, then it will go to trial,

and if it has not, then the defence can apply to dismiss at the next hearing. - however if the Crown prosecution does not accept that it is someone else's DNA, then it could go on to trial.....

Presumably whoever has got into this mess, has a lawyer?

[bernardo]

If the prosecution has discovered that it is the wrong DNA, or if the prosecution accepts such a discovery by the defence (i.e. if there is no dispute about it being someone else's) then the person would probably be released on bail immediately, pending the charge being dropped at the next court hearing.

[Hamish]

Which country are we talking about? UK or US or A.N.Other?

[jannyneve]

uk.

[jannyneve]

i would just like to thank everybody for your answers,you have been a help.