today i faced the beak. they were going along with the prosecution and were convinced i was guilty until i objected on the grounds of failing to supply evidence.  turned it around with the 2 docs on this site

http://www.bailii.org/cgi-bin/markup.cgi?d.../2004/2211.html
http://www.bailii.org/cgi-bin/markup.cgi?d...n/2003/708.html

they are a KILLER.

tips from today -

Look smart act the part.
CPS are weasels. dont let them railroad you.
Clerk is in cahoots with CPS.
say no more than you have to - they will try and draw you on your defence and guilt etc etc
Stick to your guns!!!!

very pleased with myself !! special thanks to bob_Sprocket for helping me and CJM99 for invaluable pointers,and everyone else who offered advice

 :D

can someone move this to success stories when its been here a few days,posted separately so that people can see it and know there is hope!

hi lord bere - great result

did you ask for costs  

how did the cps react to your main defence points?? what were they??

cheers,
matt

Well done indeed, and on a Friday too!! No prizes for guessing who'll be having a nice weekend!!

Sorry if I'm being dense but are you saying you were acquitted?

And the grounds were failure to disclose evidence therefore evidence inadmissible and you successfully resisted argument for adjournment?

Hi Observer,

I've asked LordBere to do a blow by blow account of what happenned. As far as I was aware it was a PTR review only today. So I guess that as he had not been able to prepare for it the beek decided that the prosecution should be discontinued because of serious shortcommings in their disclosure. In effect they were wasting the courts time.

If you look at LordBere's thread, he wrote to them and asked for disclosure and they singularly failed to provide this.

I'm really surprised that he got it discontinued at PTR review and wonder if this is worth trying in all cases where the PTR is done by more than just the clerk/legal advisor. The reason I make the distinction id a clerk is only allowed to decide to adjourn, he/she can't order a stay.

Best wishes

Bob

Well  done LordBere, party time tonight,  just shows how different mags react from one court to the next. Lottery or what ?
I would like to read a blow by blow account please.
regards
Martin.

Ok all, here is the history and what happened today. I will first fill you in the history a little as its relevant to the result.

skipping the prelims i was summonsed for a S172/Speeding offence, having only filled in the "reply to sender" portion of the NIP and I actually requested a court hearing with explanation via a covering letter.

End Feb - summons arrives. plead NG, stating i cant do a trial in May.

trial date sent through - for May!!! I phone the court.
conversation with court officer, he offers to set a date earlier in April, I insist he checks that the CPS will be able to disclose in time 1st. he phones them and they say "no problemo,we can do that date and disclose in time". I request it all to be backed up by letter to CPS cc me, which happens. I serve disclosure request letter by hand next day to the CPS offices to give them no excuse about any delay on my part.

Tuesday - 7 days before trial. no disclosure. I phone court (as requested in the letter mentioned above) telling them. They call CPS about whether evidence can be supplied that day - obviously not. court officer is a bit annoyed with CPS and offers to arrange a hearing earlier to "decide what to do with the case". I was inclined to maybe wait a week then push for dismissal in the trial proper, but he hints that the best place would be the hearing and drops hints that i should go in person and not just write a skeleton letter if i was going to try for a dismissal. i agree. I also ask he puts a note as to the history in my file.

attend today. prosecution starts by burbling on about "the defendant has requested and we agree that we adjourn the May trial date" (sneaky sods talk about economical with the truth). I object - obviously! the clerk then checks my file and reads out the history to the 1 judge (district court judge?)

I make representations about how anxious i have been work suffering etc etc employer may not reengage me if when i come back to UK in June this is still going on etc etc (all true in reality). I lay it on about how I did my best to help CPS, they were consulted as to dates, I even delivered letter by hand asap,CPS had not done anything. I say "can I refer to case law" (the cases linked in my first post,clerk and CPS groan) and hand over these plus the paper trail about the date move,including receipt for letters.

Judge reads, and changes tone completely when he reads the "to tolerate it is to encourage it" paragraph. he beats CPS with it,saying he is "sympathetic" to my request. CPS blame police.

CPS offer to drop S172 if I accept speeding. Judge pushes it. I refuse.
CPS offer to suddenly get the evidence by monday, that way I would get a "fairish" trial !!!!!  :x (fairish! cheeky sod).

Judge is annoyed by now, berates CPS for the "usual last minute laying of summons", the length this has been dragging on,and says he is setting aside the trial.( i stare at shoes trying not to whoop out loud)
CPS look sheepish.  

But he made it very very clear that he was only going to dismiss the case this time because

a) i had no points
B) it was a "minor" speeding offence
c) i was only a little over the speed limit
d) i had "bent over backwards" to help the case along (v important)

i run way quick as i can before he changes his mind, forgetting about costs

The story was perfect untill 'I forgot about costs"

Well done.  Just prepare your costs claim and send it in to the court taxation officer. The administration in courts is so bad, they will never challenge the point that costs were not actually awarded.  

LordBere, Congrats and well done!
BTW, do you know why the trial was in front of a District Judge?
Others; there's a wee bit more history here.

Congratulations LordBere

Well done, enjoy your celebratory pint  :wink:

Congrats all round....

BUT is justice served when a Judge upholds the law just because you have a clean licence etc..I thought Justice was for all (certainly seems to be that way with the local yobs they can't touch!)

Simon

Well done indeed. I'm told that you're better off in front of a stipendiary or district judge. They understand the law and usually don't allow the CPS to mess about.

I too was all lined up to quote Highbury Corner Magistrates case  but didn't get the chance.