I asked the police for further info, where all my questions related to the ACPO code of practice. The police ignored my requests for this info and cited that they do not comment on live cases. Because of this, as there was no other option, I entered a plea of not guilty – stating that this was an uninformed plea. The matter was adjourned twice for case management hearings. I asked for primary disclosure, submitted a defence statement, and requested secondary disclosure.
The CPS has stated that there is no further information available that could strengthen my case, and that the photo was all that was required in order to prove my guilt. I told the magistrate in writing, and also at the hearings, that the police (and CPS) have failed to send me all the info I requested, and that I have therefore been denied the opportunity of defending myself, and would thereby receive an unfair trial. None of my efforts to obtain the info I need to make an informed plea have been successful, and the trial has been scheduled for x.
In view of this, my question is; Should I now apply to the court for an order(sec.8 CPIA) for the info I requested, or should I take up the courts offer to plead guilty as soon as possible, before the trial? I feel that justice is not being done, and that I have been treated unfairly. I hope that you might be able to give me some advice as to the best course of action I should now take, in order to finalise this matter as expediently as possible.
The prosecution only have to disclose evidence that potential undermines the prosecution case against you. If it is their view that there is nothing further than would help you then you will have to apply to the court for disclosure of specific items by using s.8 CPIA. You will need to show the court that the items you are asking for will potentially strengthen your defence.
Are you sure that you wouldn’t like to be represented. You are heading for trial in this matter and you may struggle against a CPS lawyer on the day.