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Summons received, what next?

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Summons received, what next?

Postby TenaciousB » Wed Sep 27, 2017 6:08 pm

I've received a summons. It lists the law that I am alleged to have contravened and a 4 month window in which I am alleged to have done it. Can I expect any more details before the hearing?
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Re: Summons received, what next?

Postby diy » Thu Sep 28, 2017 5:59 am

normally they see if you are willing to plead guilty, before offering disclosure. But they must disclose their evidence within 7 days of the hearing or risk having an adjournment
My suggestions are not legal advice
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Re: Summons received, what next?

Postby TenaciousB » Thu Sep 28, 2017 6:55 am

7 days before the hearing or 7 days after?
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Re: Summons received, what next?

Postby atticus » Thu Sep 28, 2017 8:33 am

Evidence disclosed after a hearing is not available for use at the hearing.
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Re: Summons received, what next?

Postby dls » Thu Sep 28, 2017 10:13 am

It will depend upon the nature of the offence.

A continuing act my go on for several months.
Another person may be able to remember that it tokk place between certain dates.
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Re: Summons received, what next?

Postby diy » Thu Sep 28, 2017 12:59 pm

Sorry, my first reply wasn't clear. They must disclose not later than 7 days before the hearing or face the evidence either being rule inadmisable or an adjournment to allow correct disclosure. In a lot of magistrate scenarios, prosecutors are so used to a guilty plea that they sometimes forget to get all this sorted.

Read this:
http://www.cps.gov.uk/legal/a_to_c/atto ... isclosure/
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Re: Summons received, what next?

Postby TenaciousB » Sun Oct 22, 2017 3:54 pm

I have read about possible outcomes if there is a lack of evidence. There is "no case to answer" which is where the presented evidence is weak as far as I can make out, but what about if there is absolutely no evidence, what should the defendant plead then?
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Re: Summons received, what next?

Postby shootist » Sun Oct 22, 2017 4:13 pm

TenaciousB wrote:I have read about possible outcomes if there is a lack of evidence. There is "no case to answer" which is where the presented evidence is weak as far as I can make out, but what about if there is absolutely no evidence, what should the defendant plead then?


In a criminal case, AFAIK, there are only two possible pleas. Guilty or not guilty. You can work out from that your preferred answer to the question.
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Re: Summons received, what next?

Postby dls » Sun Oct 22, 2017 4:39 pm

This is nowhere near as simple as you suggest. The nature of the offence alleged can affect the stages at which evidence is disclosed, and the obligations to disclose are not universal.
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Re: Summons received, what next?

Postby TenaciousB » Sun Oct 22, 2017 8:44 pm

Surely someone cannot plead guilty or not guilty unless they know what they've been accused of.
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