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No discloser of police interveiw recording

(5 Posts)

My relative has been accused of historic abuse. 8 counts of sexual assault more than 30 years ago. He was arrested nearly a year ago and questioned.

The police have failed to question my relative again. They arranged to see him four times over a 8 month period. Each time his lawyer got a phone call the day before to cancel appointment. Then just after the Savile thing broke they phoned lawyer and said they were charging him.

So only ever spoken to him on arrest!!

The tape of the interview has still not been handed over despite discloser of evidence happening weeks ago.

Can the case go ahead if they never hand over the recording?
Anyone know?
Why would they not want to give the defense the tape?
Just stalling?

The lawyers all seem to say slightly different things

(a) The cps can't carry on without handing over the recording

(b)The judge will chuck it out of court if all evidence is not disclosed without good reason

(c)Depends totally on the judge's own view

My understanding is that the case will not be allowed to proceed without disclosure (unless withheld for good reason). Disclosure has to be done in sufficient time for the defence to consider it and prepare etc.

the CPS website has some detailed guidance you may find useful

Collaborate Fri 15-Feb-13 14:10:28

You relative would get an answer to this if they spoke to their own solicitor. Surely that can't be hard to do?

The lawyers first said (a) then, (b) then (c).

This is the lawyer that warned him he may not get passport back, got him to get 4 personal refs and £10000 security for charge hearing/plea (?) In case they wanted to hold him until trail.

All of which did not happen/was not needed. Judge just told cps to give him back passport and set court date.

I think the lawyers like to cover all bases and not raise to much hope.

Haven't got a clue what will happen as only a few weeks left.

Collaborate Mon 18-Feb-13 09:29:02

If lawyers that know all the facts of the case can't be sure, don't know how you could expect anyone here with, what, 2% of the facts of the case at their fingertips, to second guess them.

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