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VolksWizard
Hello,

After CPS had sent me an edited video with just the section involving my vehicle, I wrote back as suggested on this forum, requesting clarification as to which part of the Data Protection Act stated that they were allowed to do this.

My reply from CPS was very unhelpful stating;

"I have done all I need to so far as Advance Disclosure of the Video is concerned, I do not propose to do anything else".

Can anyone clearly tell me what the law is on disclosing the complete video 'document' so I can write back with the facts and give CPS further lessons in performing their job correctly!

Thanks
Mika
Hi,

The CPS are probably not going to let you have the video without a ‘fight’; so you may have to attend court and argue your case for full disclosure.

Take a look at the solicitor’s letters that are published in this case.

If this approach fails, you may need to instruct a specialist, who can help you to obtain a court order that compels the CPS to disclose the crucial evidence.
VolksWizard
Hi Mika,
Thanks for reply.
The solicitors letters are very well put in that Wiltshire case and I have taken example from them so let's see what happens.
I have stated that their use of the DP Act to prevent full disclosure is false and if this needs to be sorted out in court, so be it but CPS will be wasting everyone's time again (the 4th adjournment!).

How do I instruct a specialist?

Thanks
Mika
Hi,

I would suggest that you either wait to hear the outcome of the Kevin Green case - I really don’t think that ‘they’ should have picked on him - he is about to obtain a court order, compelling the CPS to disclose the traffic video. Or, if you can’t wait, talk to one of these solicitors.

To repeat: the CPS are not going to want to disclose anymore LTi 20-20 traffic videos, so expect a fight and, if you stick to your guns, they may end up looking rather foolish and not very “independent”. icon_wink.gif
VolksWizard
Thanks Mika,

When's the Kevin Green case in court?
My next instalment is on 25th May.

Also I have lost touch with the LTI 20/20 case, when was this adjourned to from a few weeks back?
Mika
Hi,

I don’t think that anything significant will happen in either case before the 25th May, so perhaps you should consider ‘plan b’. icon_idea.gif
Craig
Mika,

If the CPS continue down the route of "we don't intend to disclose anything else" how do you prevent the edited tape being used as evidence against you?

Is it just a case of saying the you have not been provided with the necessary evidence to defend yourself and hence do not feel you have received a fair trial etc? Or is there anything specific about using edited video tape as evidence?

C
OU812
Well this would certainly seem to be in contradiction to the following

a) disclose to the accused any prosecution material which has not previously been disclosed to the accused and which in the prosecutor's opinion might undermine the case for the prosecution against the accused,

Since the full session forms the basis of a defence centred around the equipment being used correctly.

Unfortunately my take on this would be that their evidence is still admissable (since they disclosed it) and you then have to make the point that not 'all' the evidence is served (and reference the above) and the CPS have left you unable to defend yourself by witholding evidence.

Isnt this likely to end up in an adjournment rather than having the case dropped (at least the first time around anyway)? I wonder how many times this would have to happen before the clerk decides the CPS are taking the p*ss?
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