Do the police show you all evidence against you?

[Mike25]

Hi
I have a question;
When being called in to give a statement by the police will they show all the evidence against you or keep some for court? I was questioned about an assault but never arrested, but 2 years later I am summons to court for GBH section 20. If there was sufficient evidence against me then why didn't the police arrest me or me it? (1 witness statement said it was me that’s why I was called to give a statement)

[squarebear]

They probably found new evidence.

[Mike25]

Would it not be shown on my summons? the witness statements were. I doubt they found new evidence 2 years later.

[New Judge]

Only once you have been charged are you entitled to see all the evidence against you. The prosecution then have an obligation to provide you with all the evidence they have, including any that they may not use in court.

[Mike25]

Well I assume if they are taking me to court then they are trying to charge me. So I will only see the evidence in court then (if there is more).
When I was called in for questioning by the police they read out a witness statement claiming it was me, the other witness statements said nothing. I can only assume at this stage they are bringing me to court based on the statement of 1 witness.

[Mike25]

New judge, if the police had sufficent evidence then wounldn't they have charged me?

[murraymints]

if they have sufficient evidence they will charge you...then they will be obliged to present all the evidence for the prosecution for your defence case to be made.... sounds like they are scaremongering and are trying to force a confession from you... 1 witness statement not enough it needs to be corroborated...stand firm and it will probably go away..unless supporting evidence can be produced...

[New Judge]

I am not at all clear about what has happened here.

Section 20 is a serious charge and is not dealt with by way of summons. If you have a date to go to court you should have been formally charged with the offence and bailed to appear in court. What has happened in the intervening two years. Surely you're not saying that you heard nothing in all that time and suddenly received a summons.

[Mike25]

Thats exactly what i'm saying. I gave a statement to the police then 2 years later received a court summons. Also i was never charged by the police.

[murraymints]

you cannot be summonsed to appear in court on a charge if you have not been formally charged...you would know if you had beleive me !!! you can be cited to give evidence as a witness but not to stand in the dock...

[New Judge]

Then if what you say is correct you should seek legal advice as I believe there has been an abuse of process.

[murraymints]

agree with new judge ..if due process has not been followed the case will collapse...no case to answer....

[Mike25]

I was never arrested, i was called to the police station to give a statement and it was recorded and sent to the CPS, but i was never charged!! I just went home again and nearly 2 years later i am summons.
I assume charged is were the police say you are being arrested for etc etc they did say i do not have to say anything or it will be held against me etc etc does this mean i was charged?

[murraymints]

you are given the caution if you are interviewed as a potential offender...but that does not mean you have been charged... only after questioning a decision is made to charge or not... you will have been told....xxx I am charging you with blah blah blah.... if you had been charged and the case not proceeded to court in the space of twelve months then it may be out of time....ypu need to speak to a brief....NOW...to clear things...

[Mike25]

I was never arrested (charged), i will speak to my solicitor tomorrow morning as shes away home. Thanks for the info!

[society]

Isn't there such a thing as A Statute of Limitations on most crimes?

[murraymints]

Society...usually 12 months...that is what I meant by ..out of time....applies if a formal charge has been made but does not get to court in time...

[Mike25]

My mind is working overtime. Isn't the CPS bringing me to court to charge me?

[murraymints]

mike...you only go to court to answer a charge that has been made as described or to give witness statements....

[Mike25]

Ok so if i had been charged then i go to court to be found guilty or not guilty. The police never charged me but still sent the case to the CPS, is this common practice?

[society]

Are you guilt of committing the crime Mike?