Scottish Court - Intermediate Diet postponed

[Interestedparty]

I am a witness in a case which is being brought to court by the Police. Evidence has now been shown to the defence and their lawyer has asked (and been granted) a 2 week extension to the intermediate diet. The Trial is still on the same date.

Do any of you know why this extension may be granted? Is it because the defence have seen the evidence and want more time to find some evidence of their own, or will they have to have provided all the evidence now and are stalling for time?

Do the witnesses get to see sight of the defence's evidence at some point? Thanks

 

[Newchodge]

If Scottish criminal law follows English criminal law, it will be that the prosecution has failed to disclose evidence they were required by law to disclose, in a timely fashion, and the defence now needs time to consider it.

It is not usual for a prosecution witness to be shown defence evidence. It is not really their business. However, I do not know anything about the Scottish legal system and I suggest that you should contact either victim support or the police case liaison officer to ask the question.

 

[The Byre]

Extensions are given for a variety of reasons - a substantial change of evidence, health problems for council, exploding boots, flooded courtrooms, whatever.

Witnesses definitely should not be considering or looking at other evidence and to actively do so may be deemed contempt of court in extreme cases. Witnesses are supposed to worry about their own evidence and that evidence should not be tainted or influenced by others. The court has no obligation to keep witnesses informed, other than to tell them where and when to give evidence.

You can of course attend any session in open court to familiarise yourself with the proceedings.

If this is a criminal case, you should have been given a little booklet on what giving evidence entails.

Prior to the case, you may be interviewed by council and/or other officers of the court. This is called a precognition. You'll get a letter called a citation from either the Procurator Fiscal or the defence council that asks you to go to a meeting so they can take a statement. Attending the precognition if required is mandatory.

All court dates give witnesses the right to claim for loss of earnings.

 

[Interestedparty]

Thanks. I have already given my statement & evidence to the police. This forms part of the prosecution. I can't imagine the Prosecution haven't disclosed evidence, as the Prosecution are the Police... Could it be that now the defence have seen the evidence, they are off to build a case?

Are the defence allowed to provide further evidence now that they have seen the evidence against them or do they have to have disclosed all their evidence by now?

Thanks

 

[The Byre]

Only that which is presented in court is evidence. A statement to the police can be evidence and is NOT a precognition. All those statements are made available to the defence.

Strictly speaking, the defence do not have to build a case, but the PF does. He/she must prove guilt "beyond all reasonable doubt." Defence council has to underline aspects that cast doubt, they do not have to prove innocence, but the PF has to prove guilt.

As you no doubt know, there are three verdicts possible - Guilty, Not Proven, Not Guilty. If the jury thinks that there is substantial reason to believe that the accused is guilty, but that the PF has failed to prove that guilt beyond all reasonable doubt, they can return a verdict of 'Not Proven.'

 

[Interestedparty]

There is no jury.

 

[Interestedparty]

It’s a summary case. Not solemn. So there is no jury. The PF clearly feels there is a case to answer or it would not have gone this far. So am I right in saying that the defence will present their case to the PF. The police will present the case for prosecution & the PF makes the decision. (Up to 12 months in prison and/or £10k).

Still not sure why they are allowed to extend the date.... unless they are trying to prepare more?

 

[Mr D]

Thanks. I have already given my statement & evidence to the police. This forms part of the prosecution. I can't imagine the Prosecution haven't disclosed evidence, as the Prosecution are the Police... Could it be that now the defence have seen the evidence, they are off to build a case?

Are the defence allowed to provide further evidence now that they have seen the evidence against them or do they have to have disclosed all their evidence by now?

Thanks

May have heard of some rape cases recently where the prosecution (CPS rather than police in England) haven't disclosed evidence in some cases until after the trial started.
There have been historical cases where some relevant evidence was not supplied by the prosecution at all as it would harm the case.

 

[The Byre]

Given all the postings you made, I assumed this must be at least a case of murder!

Case extensions - they never seem to stop, not least because the courts are busy and other cases overrun. At the same time, the capacity to deal with cases has been cut back to the point where nearly half of all summary cases are delayed.

 

[Interestedparty]

Ah. I didn’t think of that. Thanks

Suppose I’ll nist have to wait & see

Sorry if I’ve posted too much... this has been incredibly stressful for my family & im just reaching out for help/opinion

I’ll not post any more

 

[The Byre]

Don't worry about posting - I was just pulling your leg!

Are you personally involved and are there personal consequences for you and/or your family?

 

[Interestedparty]

Yes.... and yes.... victim support involved. Just want it all to be over... it’s gone on for almost a year now & it’s just ‘there’ all the time... trying to second guesss what’s coming next is impossible.... specially when we’re dealing with people who lie like bathroom rugs!!!

 

[Mr D]

Yes.... and yes.... victim support involved. Just want it all to be over... it’s gone on for almost a year now & it’s just ‘there’ all the time... trying to second guesss what’s coming next is impossible.... specially when we’re dealing with people who lie like bathroom rugs!!!

Just focus on what your part is, no more.

 

[ethical PR]

You really should be speaking to victim support/the police officer you have been liaising with regarding this case. It is part of their job to help reassure you on these points. Good luck,

 

[Interestedparty]

Thanks everyone. I have been speaking to both of them but there’s not a lot they can do at the moment either....

 

[The Byre]

As it is 'just' a summary case, it is reasonable to assume that a fine is all that will happen (prisons are overcrowded and cost real money to run!)

As @Mr D says, do you bit and go.

 

[Newchodge]

This is a criminal case. The prosecuting body has to prove their case beyond reasonable doubt. If their case does not reach that level, the defence doesn't have to say a word - no one can be convicted of a criminal offence unless the case is proved beyond reasonable doubt.

The defence is entitled to know exactly what the case against them is, so they can prepare a defence.

You are appearing as a witness. All that is required of you is that you tell the court everything you know, in answer to prosecution questions, and answer cross examination from the defence honestly and openly.

Thios may seem very hard to accept, but you are not a major player in this event. You don't need to know what the defence may say. You just have to give your evidence openly and honestly.