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Crown Court Appeal

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Crown Court Appeal

Postby veritas2409 » Fri Jun 03, 2016 2:08 pm

Strange , CPS said there was no need for a section 36 application at the moment. Unlike them to be nice. However the fact that they told the judge the trial would take half a day , when I estimated 2 days , might suggest that the victim might not be called , I could then undestand half a day , it took nearly 2 in mag court and this time I hope to carry extra witnesses

So my legal experts , can the crown not call the victim to give evidence ?

Off course probably the CPS gave this 2 minutes thought and therefore perhaps hard to read too much into it.
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Re: Crown Court Appeal

Postby DannyJP » Tue Jun 07, 2016 5:55 pm

If they think they have enough evidence without the complainant they do not have to call them. It should be clear at the case management stage which witnesses the prosecution are relying on. It should all be on the case management document.
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Re: Crown Court Appeal

Postby veritas2409 » Tue Jun 07, 2016 7:57 pm

OK , no case management form and thats what annoyed me. No discussion of anything. It all a bit odd. When judge asked about the section 36 , the CPS exact words " not required at this moment" , so together with the half a day estimate might suggest there aren't going to call him. A bit sneaky as when I protested that the half a day estimate was a joke they didn't say it was because the main witness wasn't going to attend. Then again I should of asked the question

However surely if the case is a rehearing then it would become a farce with the alleged victim of a harassment case doesn't appear.
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Re: Crown Court Appeal

Postby atticus » Tue Jun 07, 2016 8:01 pm

Yes, you should erm have asked.
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Re: Crown Court Appeal

Postby veritas2409 » Tue Jun 07, 2016 8:30 pm

yes but surely it is ridiculous to not call the main witness
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Re: Crown Court Appeal

Postby Smouldering Stoat » Tue Jun 07, 2016 8:32 pm

It's not a retrial. If the CPS don't think his evidence is relevant to the issues before the court, there's no reason to call him.

Why didn't you call him?
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Re: Crown Court Appeal

Postby atticus » Tue Jun 07, 2016 8:40 pm

Maybe this person is not the main witness; possibly not even a witness at all. See what DanJP said.
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Re: Crown Court Appeal

Postby DannyJP » Wed Jun 08, 2016 9:03 am

Smouldering Stoat wrote:It's not a retrial...


If it is an appeal of a Magistrates' Court decision it is a retrial.
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Re: Crown Court Appeal

Postby veritas2409 » Thu Jun 09, 2016 12:04 pm

From what I can gather the correct term is that an appeal from the magistrates is a rehearing. I suspect that there are differences between a retrial and a rehearing. There is very little on the internet on this. Might be differences regarding evidence , below is a quote I saw , not sure what "no power to amend information" means , can't call new evidence?

"The appeal to the Crown Court is by way of rehearing. New evidence may be called, but the Crown Court has no power to amend information upon which the appellant was convicted (or revoke amendments made by the magistrates' court)"
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Re: Crown Court Appeal

Postby dls » Thu Jun 09, 2016 12:45 pm

the information in this context means in effect the charge against the accused.
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