feistyoneanddone
Active member
i haven’t posted on this thread for months as we just had a baby in November. But I am now fully caught up.
A few little points with my legal hat on.
At the plea hearing, the list of witnesses each side is proposing to call is given. If one side objects to a certain witness being called, this is then discussed between the barristers/solicitors. If no agreement can be reached as to whether that witness can be called then the Judge will make the decision. So everyone will have known for a while if LL is going to take the stand or not. She could change her mind, but the CPS will have gone ahead and prepared questions a long time ago if it was indicated months ago that she would be taking the stand.
Every witness must produce a written statement, and the plea hearing is often when the prosecution hands theirs over. Other evidence found during the course of the police investigation must also be disclosed to the defence. The defendant must produce a statement too which sets out their case and they have 28 days after receiving disclosure from prosecution to do so. So LL will have known what each witness will say and the prosecution will know what LL’s case is.
The police/CPS have to make further disclosure after receiving the defence statement.
The two doctors mentioned as making notes by the Tattlers who have attended court - no-one is allowed into the court room to watch proceedings until they have finished giving evidence, for very obvious reasons. Can’t have people changing their evidence to suit what they are hearing. They can’t even talk to anyone involved in the case whilst still under oath, that includes other witnesses, the CPS etc etc. So those two doctors must be finished giving evidence.
The police interview discussion - the two sides will try to agree which parts of it should be shown as some of it could now be considered irrelevant. The transcripts will need redacting/crossing out and the video recording will need parts editing out. Again, the Judge decides if the two parties don’t agree, but usually they do. This can take a very long time and they may have to do more work/arguments on this.
A few little points with my legal hat on.
At the plea hearing, the list of witnesses each side is proposing to call is given. If one side objects to a certain witness being called, this is then discussed between the barristers/solicitors. If no agreement can be reached as to whether that witness can be called then the Judge will make the decision. So everyone will have known for a while if LL is going to take the stand or not. She could change her mind, but the CPS will have gone ahead and prepared questions a long time ago if it was indicated months ago that she would be taking the stand.
Every witness must produce a written statement, and the plea hearing is often when the prosecution hands theirs over. Other evidence found during the course of the police investigation must also be disclosed to the defence. The defendant must produce a statement too which sets out their case and they have 28 days after receiving disclosure from prosecution to do so. So LL will have known what each witness will say and the prosecution will know what LL’s case is.
The police/CPS have to make further disclosure after receiving the defence statement.
The two doctors mentioned as making notes by the Tattlers who have attended court - no-one is allowed into the court room to watch proceedings until they have finished giving evidence, for very obvious reasons. Can’t have people changing their evidence to suit what they are hearing. They can’t even talk to anyone involved in the case whilst still under oath, that includes other witnesses, the CPS etc etc. So those two doctors must be finished giving evidence.
The police interview discussion - the two sides will try to agree which parts of it should be shown as some of it could now be considered irrelevant. The transcripts will need redacting/crossing out and the video recording will need parts editing out. Again, the Judge decides if the two parties don’t agree, but usually they do. This can take a very long time and they may have to do more work/arguments on this.