CPS were directed by the Crown court to provide the reasoning why the Police did not secure CCTV evidence. The court made an order to provide this to all parties by 28 July. On 30th July CPS requested a variation to the order to extend the time to 11 August. CPS were asked on what grounds they were seeking this variation. Nothing was received from CPS and even their own requested extended deadline has passed now. Case is being heard 21 August

What options are available to the defendant at this point?

  • If this is a real situation, the defendant should seek competent legal advice immediately. – Flup Aug 12 '15 at 16:52
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    It is indeed a real situation – JSA986 Aug 12 '15 at 16:52
  • Then I refer the OP to the comment I made some moments ago. :) – Flup Aug 12 '15 at 16:53
  • Duly noted and waiting with baited breath for some more wisdom on this – JSA986 Aug 12 '15 at 16:54
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    Yep, I assumed as much but no solicitor is going to be available for this situation ( hence the question on here and not in a solicitor/barristers office). While Competent legal advice would be preferable thats not whats happening – JSA986 Aug 12 '15 at 17:00

This is not unusual its a technical abuse of process but the CPS get away with it all the time and get away with breaching HHJ orders. Lots of case law on free sites like Bailii outline CPIA rules of gathering evidence such as CCTV and potential consequences of not doing so. How important to the defence case was the CCTV etc ? If your going to trial on 21st at Crown Court your in trouble if your a LIP, start researching ECHR and fair trials and get all your concerns on the record etc.. too much to note on here, put some more detail up if you want more detailed comments.

  • Thank you for your reply. Case of sec 4a. The relevance of the CCTV: When first spoken to by police significant comment was made "please get CCTV to prove innocence" (or words to that effect). During taped interview PC said he could not find camera. Camera was confirmed as overlooking incident and working. CPS asked to find out from Police why this wasn't investigated. PC not available at magistrates hearing, not available to give statement, not available to comply with court ordered request. No other evidence in case "one word against another" – JSA986 Aug 12 '15 at 18:00

Is it Crown Court trial or magistrates? If your at mags beware they support the police in most events especially if you haven't been out photographed the location of the camera and tried to get evidence of what it shows and the quality of the recording if it even records? Are you a Litigant in person? re case law look here http://www.consumercrime.co.uk/site.aspx?i=ar3335 R v Ibrahim re CCTV. If you can show its significant evidence and the police failed to get it you could succeed in an abuse depending on their excuses and whether you can show bad faith , for example if there was CCTV in the area what records were made by the officer on the crime report , who did he speak to, what does his duty record show on the day he said he did this etc... lots to do if you were to present a case to convince a court.

  • Crown court Appeal, I had photographed CCTV location, and got a statement from CCTV manger that CCTV was working, Overlooking incident, police did not make a request for evidence. Was submitted as evidence at mags stage. Basically got ignored. Gist of Case - arguing with a traffic warden. Guilty at mag court. The problem is CPS wont/cant get any info off the PC. Im lip yes – JSA986 Aug 12 '15 at 18:14

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