Proposed Prosecution Evidence Rejected | Kangs Criminal Defence Solicitors
Kangs Solicitors are currently defending a client charged, with others, of offences allegedly involving drugs and subsequent money laundering.
Disclosure Issues | Kangs Criminal Trial Solicitors
The Prosecution endeavoured to serve telephone data allegedly linking our client to other defendants a few days prior to the commencement of the Trial and also on the first day of Trial.
On behalf of our client it was argued before the court that the Prosecution should not be allowed to rely upon evidence which has been in its possession for many months prior to the trial as to deny our client full opportunity to examine the same would adversely impact upon his ability to properly defend himself.
The Law | Section 78 Police and Criminal Evidence Act 1984 (‘the Act’)
The Act states:
“In any proceedings the court may refuse to allow evidence on which the prosecution proposes to rely to be given if it appears to the court that, having regard to all the circumstances, including the circumstances in which the evidence was obtained, the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it.”
The Successful Application | Kangs National Criminal Lawyers
Although the Prosecution maintained that the late service of evidence was not prejudicial to our client, the Honourable Judge ruled that to allow the Prosecution to be able to rely upon it would have an adverse impact on the fairness of proceedings against our client and agreed that the evidence was inadmissible and could not be adduced in the trial.
The trial continues.
How Can We Help? | Kangs Criminal Defence Solicitors
At Kangs Solicitors we are involved in serious court trials throughout the country on a daily basis and are accustomed to making procedural applications to the Court relating to all aspects including the exclusion of evidence deemed unfair to the proper administration of justice.
If you require any form of legal advice in relation to any procedural applications or any general advice then please do not hesitate to contact us through the following: