self defence in court

[jakey01]

Question Author

Hi. I have recently been charged with a minor offence of which I am totally innocent ( I know they all say that but in my case it is true) the person making the accusation and at least one witness have made false statements to the police previously ( I have been told this by a person I interviewed in relation to my case ) My questions are:
1) When I cross examine these witnesses would I be allowed by the court to mention previous statements given to the police in an unrelated case ?
2) Will I need a written statement from the person who divulged this information to me?
3) Can I subpeona witnesses who may not wish to appear in court anyway?


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SUBMITjakey01
Sun 30/11/08
10:40 Question Author

[Schutzengel]

Having read all three of your questions, and Bednobs reply, I can only agree with him. I really feel you would be out of your depth defending yourself, and think you need to see a solicitor as a matter of some urgency. Good Luck.

[jakey01]

I thank you all sincerely for your advice but no one has answed any of my questions. I appreciate that I don't know what I'm doing in court but I am innocent and I have spent many hours considering my strategy.I do have some signed statements as to the bad character of the complainant and I do have some witnesses of my own although they would possibly not be considered impartial.
I really do apologise for my cynicism if I am wrong in this but do lawyers use this site to tout for business ?
I have great difficulty in coming to terms with the idea of having to pay to defend myself over something I have been extremely unjustly accused of and did not commit

[sara3]

no one is touting for business, I think we're genuinely concerned that you may slip up. you could waste a lot of court time in being inefficient in your presentation and that will really lose you "points".

if you get legal advice and win, you can put your costs to the other party.

I wish you luck and I can see you think this is a point of principle, but I really think you don't know what you might be up against.

[jakey01]

Thanks sara3

[Schutzengel]

Jakey,
This is getting to be quite worrying, as you are posting questions on different sites. You say no one has answered your questions, but those who have responded have done so to the best of their ability, and given you the most sensible advice, in that you really do need some professional advice. Many solicitors offer half-an-hour of advice for free. The least you could do is approach one, and let him/her give you their professional opinion. Have read the comments from your respondents, everyone, including myself, are expressing their concerns on your behalf, that you will be in over your head. I fully appreciate your predicament, and how you must feel being accused when you say you are innocent. For the case to come to court at all, indicates that the prosecutors hardly consider it to be minor. And the questions you are asking are points of law which we who are responding to you out of concern are not qualified to answer. I do wish you the best of luck, but would feel a lot happier if you would take advantage of some sound legal advice.

[Barmaid]

Jakey - I have only just seen these. I agree with Sara - none of the lawyers on here tout for business. We operate under assumed names and even if asked, my code of conduct would prevent me from giving my name.

The "bad character" provisions to which you refer are contained in the Criminal Justice Act 2003. The criteria for admission of bad character are not easy (even for lawyers!) and the case law is slowly developing. In certain circumstances, such evidence may be admissible, but you would need to make a "bad character" application first.

You would not only need a written statement from the person who divulged this information, but you would also need them to appear in court. You would probably need to obtain a witness summons. It is likely that you would not obtain one in these circumstances.

The other posters above give sound advice, which is to seek legal advice. Advocacy in court is an absolute minefield - even for those of us who do it on a daily basis. There are a huge number of rules of law and evidence which you need to be on top of in order to sensibly represent yourself. I appreciate you don't want to pay for representation when your attitude is you are innocent. However, on acquittal, you will be entitled to recover your costs from central funds so you should not be out of pocket.

Incidentally, I seem to recall that this incident arises out of your daughter's employment. Has she taken any sort of advice with regard to a claim against this person? THat may well be a route for cross exam.

[Scouser1985]

Jakey if you go to your local C.A.B they will let you see their criminal solicitor for free and they will give you advice. you will have to make an appointment for solicitor tho as they are there on a rota basis.

also you can ask to speak to the duty solicitor when you go to court.

[Barmaid]

Scouser - unfortunately, I think Jakey is charged with s5 POA which means he will not be entitled to see the duty solicitor at court.

I don't know about the CAB, but the normal route is to instruct a solicitor and then either apply for legal aid or pay privately.

[jakey01]

I thank you all very much for your advice. I am to return to court for a pre-trial hearing? next week. I am hopeful that someone will come to their senses and dismiss this charade, is that at all likely? I do have independant statements as to the bad character of the complainant and I believe the police have acted against the courts instruction to me to approach my witnesses and have indeed perverted the course of justice ( see previous)
Yes Barmaid, the Industrial tribunal has accepted my daughter's case 1/12/2008 and by now will have been in contact with the complainant who has 28 days to respond.
I will after next week take your advice re representation. Meanwhile could someone please give me advice as to whether I would be allowed to ask the prosecution witnesses questions re their previous perjury re the insurance claim ?