COPFS - Better preparation for trials
Currently the preparation for summary trials is appalling by COPFS. Little or no consideration is given to the case prior to the actual trial date and thus witnesses are called who practically aren't required; cases are called where the complainer has already written to them to state they will not give evidence (and where there's no harm to the complainer anticipated) and cases which should have been downgraded or just rejected are still called - meaning the accused and witnesses turn up for no reason.
There has to be better engagement between defence lawyers and COPFS to resolve proceedings to allow for witnesses to be countermanded prior to the trial diet when the matter is resolved.
There has to be better engagement between defence lawyers and COPFS to resolve proceedings to allow for witnesses to be countermanded prior to the trial diet when the matter is resolved.
Why the contribution is important
There is a high chance that a trail doesn't go ahead . Usually its because witnesses haven't appeared or the defence aren't prepared or don't have legal aid. In the former example, often witnesses have already decalred their reluctance to attend court, or written stating they are genuinly unable. These cases could have been adjourned in advance with other witnesses countermanded - meaning less people attending the building. Same for defence lawyers who know that their client is going to plead guilty - earlier notification to the Crown would allow witnesses to be countermanded.
by Samsdc on May 08, 2020 at 07:27AM
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