Supplying of evidence

[Rps877]

Hi, I have had the first hearing for a drink driving charge at which no evidence other than a statement from CPS outliner what the arresting officer will alledge. As I pleaded not guilty and the CPS didn’t have the required evidence to take it to trial, the judge gave them seven days to return to a pre trial hearing with the supposed evidence. I am representing myself and I’m struggling to find information on what will be decided if CPS fail to supply evidence to take this matter to trial. Are there grounds for the matter to be dropped if for a second hearing, and on direction of the court they fail to supply enough evidence to take it to court?

Regards,

RPS

 

[SeanJoyceStephensons]

At the first appearance the Prosecution have no obligation to disclose the full evidence they would be relying upon at trial and are only likely to have the limited initial details of the prosecution case (‘IDPC’). As the matter is within the early stages it is unlikely that the Court will discontinue the proceedings at the pre-trial hearing if the prosecution do not supply the evidence. The prosecution will ordinarily have something like 28 days from the date you entered the not guilty plea therefore, strength of the prosecution evidence will not be assessed pre-trial hearing, only once the prosecution have fully complied with the disclosure requirements. If the prosecution have insufficient evidence on the day of the trial then Court will likely make a ruling of no case to answer.