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Full Version: HELP - Unrequested disclosure, are they stitching me up?
FightBack Forums > Queries > Speeding and other Criminal Offences

This is getting bizzare... I was due in court tomorrow for a PTR regarding a "failing to give information" i.e. S172. For those who haven't seen my previous posts this is for getting caught by a Scamera van on the 15th December 2003.

So, due to the birth of my second Son a few days ago I requested the PTR be postponed, which it has been to next week.

Today, I received a letter from the CPS with the title: Disclosure of Prececution Material Under Section 3 Criminal Procedure and Investigation Act 1996. Stapled to the letter was a photo copied page from Wiltshire Constabulary which listed all the calibration certificates and Conformity Certificates...

Question is, why did the CPS send this to me if my summons is for a S172 offence, failing to supply information? Surely that's only relevant for a speeding offence...?? :? icon_eek.gif

Are they planning to show this to the Magistrate at the PTR as evidence therefore highlighting that this Court Case is due to a speeding offence. Surely that will unfairly influence the Magistrate and possibly cause them to look at me as a speeder when it's not relevant to this case...???!!! icon_eek.gif

Is there anything I can do to stop them showing this? I am now worried that they think they are doing me for speeding as well as a S172.. icon_cry.gif

I called the Magistrates to ask if papers have been laid for the speeding offence, and they haven't (which also means that the speeding offence has timed out due to the six months being up on the 15th).

I then called the CPS to ask what the hell this was all about and there wasn't a prosecutor available until NEXT MONDAY to call me back. icon_eek.gif I spent 10 minutes asking the "clerk" at the end of the line why the letter was sent and she just didn't know..?? Do they not keep records or what?

So, has anyone any advice they can offer to stop the CPS influencing the Magistrates and any info on how I should approach the PTR?

I know this is a long post, it's a bit therapeutic as I wanted to get the whole thing off my chest smile.gif Any advice/info would be appreciated.

Regards to all for previous help too.

You could apply for an emergency injunction at your local County Court prohibiting the disclosure of the evidence to the Mags for the very resons you have set out: it might prejudice your right to a fair hearing.

Whether it would work is another matter.
A sec 172 case, requires that there was an alledged moving road traffic offence. If the CPS seek to introduce the evidence on this basis, then you are powerless to stop it.
I agree, that especially where speeding is well in excess of the limit, the CPS specify this to prejudice the magistrates, But it would be counter productive to accuse them of so doing.

It could also be that they are supplying you with all unused material, which they are obliged to do under the disclosure rules.

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