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Representating yourself in court.. Advice(8 Posts)
So my DB had a court date for assault, it was an argument but nothing physical, his ex saying it was.. Shed rang the police saying their kids were present and they weren't so that's what the cps have decided to prosecute on
He had duty solicitor when done the not guilty plea.. The only thing they have is her call to the police.. No bruising, marks or anything.
The duty solicitor said he can represent himself in trial, brother would build the case first. Then the duty solicitor cross examines her. He thinks he's got a damn good case as literally it'd kind of a tit for tat. ( she's generally one of those who likes her own way and wants my brother out of the children's lives and has even said that in a text) which is why she's tried this in hope he gets convicted and she can stop him seeing chikdren
He's got an appointment with the solicitor in two weeks approx...
What kind of things would he need to take.?
What kind of things could he ask?
Can he ask 'Where's the evidence of this and that, that you've accused me of'
Does he say I want you to ask this...
Can he have character witnesses, not family but ex employer etc.. Is it worth it.
He has proof of messages from her being awkward in general when things don't go her way.
The cd of the police call where she's contradicted herself... A few times.
And random. Other stuff. But not sure what would be relavant or not.
How can he have a duty solicitor AND be representing himself? I think he's muddled things up. It's up to his solicitor to decide on the line if questioning and to do the questioning not him. Or has he decided not to have any representation - if so why?
No the court has appointed the solicitors to cross examine the prosecution but DB has to build the case himself. I didn't get it but I'd read the email and that's what it says.
He isn't paying for it privately as he can't afford it..
If a defendant is not represented, then it's normal for the court to appoint a solicitor to cross-examine the alleged victim in domestic violence cases.
It's more usual for that appointment to then be cancelled when Legal Aid is granted. At that point, the solicitor will be funded for the whole case. Given that the solicitor is seeing him before the trial, this is perhaps the most likely outcome.
It might be the case that he earns too much to receive Legal Aid but feels that he cannot afford a solicitor. If so, then he's on his own other than for that one cross-examination.
He rang them and asked. They said because its his ex, then he can't question her, as could look intimidating / aggressive. So for protection to the prosecution they appoint a solicitor.
He has to gather evidence he wants to take. They will get copies of police statements and with all that the solicitor will cross examine her. Her solicitor will cross examine him.
He's brought forward the solicitor appointment which is good.
They've not asked for income etc yet. He filled in a form, But never handed it In so they don't know his earnings yet. He's sending that tomorrow anyway via post incase they need it.
When dh was charged with assault he went to A solicitors. And they applied for legal aid for him and built the defence for him legal aid does of course depend on on income (Dh income is just over minimum wage) he was granted legal aid up to £30, 000 the case was resolved prior to trial and the cps accepted dh was telling the truth.
That's good to know. He's brought forward the appointment to next week so hope get answers. But they said on phone he helps build the case and they ask questions.. As its his ex he can't fully defend himself and either way doesn't have to pay.? I find the whole thing confusing to be honest
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