Legal Advice And Legal Aid

[nailedit]

I was arrested on Tuesday and kept in the cells overnight. I am in breach of a 12 month conditional discharge and due to appear in court on 2nd Jan. Both offences were relativly minor and I know that I dont qualify for legal aid so have to represent myself in court. However, before leaving custody yesterday I wasnt even offered the chance to speak to a solicitor. Am I still entitled to free legal advice if not representation?

The reason Im asking is because last time in court I pleaded guilty (because I was) But after the prosection read out the case against me I disputed the police's version of events leading up to my arrest which made it sound much worse than it actually was. If I had forknowledge of what the prosecution was going to assert I could have prepared a better mitigation.

Is there anyway that I can get a hold of the prosecution version of events before my next court appearence?

BTW if any of my Facebook friends want to see a picture of my face after the police "dealt" with me I'll send you a messanger picture.

TIA

 

 

 

[Redhelen72]

Nailit - hopefully someone will come along and answer your questions but I would suggest that if you are claiming that you were 'handled roughly' but the police whilst in their custody that you take pictures of the injuries and make some notes of what happened.

[nailedit]

Thank you Helen, but from past experience its a total waste of time.

[Redhelen72]

Yes but you should still do it mate, you never know when it may be required.

[nailedit]

Thanks again but I cant prove anything. A copper wouldnt assault a detainee would they 🤔.

Just need to know how to put my case to the beaks now.

[AEngalund]

It is my personal opinion—which has nothing to do with regulations and laws—that you now seriously need to make genuine friends at the top of your city's sphere of influence. Furthermore, I'm hoping you'll get started in November.

[New Judge]

Before you appear in court for the first time you should be provided with the "Initial Details of the Prosecution Case" (IDPC). This should contain the evidence the prosecution intends to rely on to secure your conviction. You should be provided with this before you enter a plea. The idea of this is to allow a defendant to consider the evidence aginst him, take advice if necessary and decide on his plea. Very often the CPS do not serve this material until the defendant turns up in court. Although this is not really within the spirit of the law (and does not give a defendant the time to do the things I outlined above) it is not contrary to the Practice Directions which simply say the defendant must be served with the IDPC "before entering a plea."

This should also enable a defendant entering a guilty plea to ensure that the version of events put forward by the prosecution accords with his. If it doesn't he can offer a "basis of plea". That is, he still pleads guilty, but based on different facts to those alleged. It will then be for the court to decide whether the difference between the two versions would make a material difference to their sentence. If they decide that it would, and the prosecution will not accept the defendant's version, then a hearing must be held (known as a "Newton" hearing) to determine the facts. If they do not order such a hearing the defendant must be sentenced in acoordance with his version of events. 

If the offence you are charged with is imprisonable you are entitled to the services of the duty solicitor on your first appearance only. That should enable you to secure the IDPC (if you don't already have it) and decide on your plea.

[nailedit]

Thank you NJ

//Before you appear in court for the first time you should be provided with the "Initial Details of the Prosecution Case" (IDPC). This should contain the evidence the prosecution intends to rely on to secure your conviction//

I shall be pleading guilty anyway, they wont have to 'secure' a conviction.

//Very often the CPS do not serve this material until the defendant turns up in court//

So how do I get to see it? Who do I ask? Can I make an attempt to view the prosecution case before my court date?

I just want to see what the prosecution are going to say in court (before I actually stand in court) in order to prepare my mitigation.

 

//If the offence you are charged with is imprisonable you are entitled to the services of the duty solicitor//

its not an imprisonable offence can i still seek the services of a duty solicitor?

I just dont want the prosecution over egging the pudding like they did last time and making my case sound worse than it was.

 

Thanks again NJ

 

 

 

 

Thanks again NJ.

 

 

 

 

[New Judge]

I shall be pleading guilty anyway, they wont have to 'secure' a conviction.

Quite. But their evidence should be sufficient to convict you in the event you went to trial.

So how do I get to see it? Who do I ask? Can I make an attempt to view the prosecution case before my court date?

First port of call should be “the [police] officer in the case”. If he or she cannot or will not help, you need to find out who is handling the prosecution (probably the CPS rather than the police) and contact them.

its not an imprisonable offence can i still seek the services of a duty solicitor?

No. What is the alleged offence?

[nailedit]

Thank you again NJ

Offence is drunk and disorderly,  same as last time.

I don't dispute the Offence, just the way that the prosecution presents the moments leading up to my arrest and over egging the pudding making it up to be more than it should  be.

 

Last time I was bellted to a stretcher in an ambulance and panicked because I was restrained. I have a massive phobia about that kind of thing. The prosecution alleged that I was violent.  I wasn't, I was panicking. But I'd already pleaded guilty before that came to light during the hearing after my plea.

 

[New Judge]

Yes, D&D is punishable by way of a fine only (maximum Level 3 which is £1,000). So no duty solicitor, I'm afraid