Hi all, as an active case I will try to be vague. I also just want to understand what is happening taking emotion out of it.
To summarise: what is a fixed date trial in Crown Court, what happens if the date never takes place?
My brother was charged with a crime 2.5 years ago involving another person. Bizarrely (as stated by the Barrister but they agreed) he was put on an electronic tag as part of his bail conditions which just prevent him going near one street. He can travel abroad etc., stay out late.
The case rests on one witness as evidence. The maximum penalty of the charge is 2 years in prison. He has plead not guilty.
We understood it would be a while in the system because of COVID and it not being a 'more serious' crime. In Feb this year, we were called for his trial by his barrister at 10pm at night, to come in the next day.
We were all riled up for the anxiety of the day and days to come, but when we arrived, his barrister and another barrister (who is friends-ish with DB through church and is advising on the case) pulled us into a room and said that due to the legal strikes, there was no prosecution.
In the courtroom, the Judge presiding apologised to DB and his barrister moved for a 'fixed date' which the Judge agreed. They said pre-trial hearing in August and trial to begin Sept 4th. There was also discussion with a PSCO (i think? he was in police uniform) about the Witness stating they are not in contact / difficult to keep track of. The Judge said if the case does not take place they will need to reconsider the charges.
Sept 4th has passed and nothing has been communicated at all since Feb. What on earth is going on? I just need to prepare in case he is found guilty and need to manage his life. He has some additional needs.