Quote:
Originally Posted by steve811
As I have said before Ray, that is only the outright requirement. The whole idea behind disclosure is to assist the process, and it is slanted in the defences favour if the prosecutor fulfils their duties correctly. That includes telling an accused what they are accused of and what information they intend to produce to back it up. But of course you stick to your view of things, and keep trumpeting the same old tired answer.
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No I agree, as with your earlier answer, the accused is entitled to know what the evidence will be, so that they are not 'ambushed' at court over something they knew nothing about.
In the case of speeding it will be in the initial paperwork (the NIP) - time, alleged speed, location, speed limit at location etc.
After a plea of not guilty is entered, the prosecution are required to disclose all the evidence they intend to use.
If a request for the 'evidence' is made prior to a not guilty plea, it is likely to be ignored and nothing will be supplied. In the case of speeding, if a request is made 'for any photograph that may help identify the driver', the SCPs will usually send them, if the request is for 'photographic evidence', they won't.
It's just that there are posts in this thread saying that the prosecution have to supply the evidence on request, when they don't.