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FightBack Forums > Queries > Speeding and other Criminal Offences
Ladies and Gents

I have a pre-trial review coming up. I am requested to attend this one -"bringing with you details of any witnesses to be called and details when they are available to attend court”
The court already has these details, sent by special delivery, for a previously adjourned PTR where my attendance was not required.

1.  Any theories on what ‘they’ are up to.

2.  I gather from other posts that CPS may try to ascertain my defence. In a disclosure request (delivery recorded) I have already stated that “I believe the Police evidence to be inaccurate and would like to seek disclosure of…..” Should I just stick to that or use the occasion to emphasise that after 2 months I have still heard nothing from the CPS regarding my disclosure request?

3.  I submitted a PACE statement, therefore should I also mention that at trial I will be contesting points of law? I take it that CPS would then be entitled to ask for a skeleton argument.

4.  What traps should I be wary of?

Suggestions much appreciated.

This needs to be all about the prosecutions failure to provide disclosure, be respectful to the clerk but stand firm.
If they try and adjourn the PTR then fight it as the CPS have had ample time to get there act together.
I do not believe that you will be required to make a defence statement without full disclosure, if you are I would refuse to do so on that basis.
The CPS also have a cost implication to consider so it might be worth dropping in your intention to apply for costs if the case goes to trial and you are successful in your defence.
Do not get involved in ANY conversation with the CPS.
Thanks Broadsword,

I will concentrate on the lack of disclosure, I have already made a simple defence statement, see above"I believe the police evidence to be inaccurate..." I guess they may try to argue that that statement is inadequate, and that is why they have not disclosed any evidence so far.

I have been studying the new Criminal Procedure Rules that came into force on 4th April this year, to try to second guess any points that may be raised. My case falls under these rules. The two relevant pdf documents are the first: "Amendment 11 to the Practice Direction... This second one has some very interesting time limits, although some are not mandatory.
" guess they may try to argue that that statement is inadequate, and that is why they have not disclosed any evidence so far."

They haven't disclosed any evidence thus far because they are incompetent.

They must disclose first, they are the accusers and it is your right to know what the allegation/evidence is before making reply. (How can you possibly respond if you don't know the detail of what is being alleged).

It will be to your advantage if they do not disclose prior to a week before the trial so it may be worth seeing what the lie of the land is first before kicking up a stink. Make sure you've requested disclosure of the whole tape (If it's a Camera Van) as the entire tape is 'one document' and you are entitled to it.
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