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why are police taking so long to give us the additional evidence?

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D123456A | 12:46 Wed 05th Sep 2007 | Criminal
3 Answers
Hi,

Just a quick question I was hoping someone could help me with. We have requested all CCTV footage, witness statements and police notebooks from the prosecutor before we go into court (going in next week). The police/prosecutor still have not given this information to our solicitor, there is a high possibility that the case can get adjourned because of this. Can they do this? I really want the case sorted out this year and don't want to drag it out.
Have they got something to hide?

Is this normal procedure when requesting this information?

Any advice will be very grateful. Thank you.
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Does this CCTV and the witness statements form part of the prosecution case or is something that you are asking the CPS to get for you. The reason I ask is that defendants and often their solicitors ask for all sorts of things which the prosecution simply do not have.
You should have received an advance disclosure pack which would contain a case summary and witness statements. Depending on what stage the case is at the Police may still be taking statements and the CCTV may have been sent for copying.
I doubt there is anything sinister in this.
I work for the Police and part of my job is to serve additional evidence on CPS. Normal procedure dictates that following charge, the Judge sets the date that papers have to be served on the Defence. 'Papers' means basically all the evidence/material that the CPS are planning to use to prosecute you that the police have obtained. Any non sensitive unused stuff is listed on a form called MG6C which is a list of the unused material. This list is then served on the defence after being checked by CPS. The defence have the right to have copies/inspect any of these items which they feel will either undermine the prosecution case or assist the defence. The police have nothing to hide, they have a legal duty to disclose anything which could assist you/undermine the case and could face criminal charges if they intentionally withold such material.

If the CCTV etc that you mention is actual used evidence and has been seized/obtained by the police then your solicitor is entitled to a copy. What is your court date for, is it the actual trial, is it a Plea and Case Management Hearing (PCMH)? If it's the trial then your case could be adourned. If it's the PCMH then the judge will set the date for service of papers then and your case will be adjourned.
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Thanks for your answers.

We're at the commital stage at magistrates, just got the committal bundle yesterday. Next stage will be crown, we've opted for this for a fair trial.

Thanks again for the answers.

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