Re: Camo Cops - 11/02/2013

Court proceedings and Legal Process
?able
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Joined: Wed May 08, 2013 7:03 pm

Re: Camo Cops - 11/02/2013

Postby ?able » Wed May 15, 2013 10:22 am

A ? For Hardy,
Re. Your last statement about being sick of asking for info, am I write in what I am asking for , ie this info beforehand or am I misreading the rules?

Mode100
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Re: Camo Cops - 11/02/2013

Postby Mode100 » Wed May 15, 2013 11:18 am

Take a look at oscar's reply in the other forum... They really don't have to provide the full brief until after you plead not guilty. From what I gather, you're going to have to go to court and plead not guilty if you want the opportunity to see the full brief. Also, reading between the lines, Hardy has indicated that not receiving this information can actually be of more assistance. If you haven't done this kind of thing before, maybe book in with a lawyer. Remember, there are many stages and i believe you can elect to change your plea to guilty down the track. If you do engage a lawyer, there's a chance that any court appearance dates might need to be abridged to another date when they have enough clients to make it worth while getting out to that particular court - this could mean that you might find that your lawyer has many other clients that day and you'll need to work around their availability.

http://www.trafficlaw.com.au/court.process.html (there's more info at this link):

The first listing of your case is a return day (also known as the mention date). Usually no attendance at court is required at mention dates.
On the return date, the case might be adjourned to a further mention.
On the further mention date, the case is adjourned to a Case Conference.
At a Case Conference, your lawyer attends court (either with or without you) and the case is adjourned to either a contest mention or a contested hearing.
At a Contest Mention, you and your lawyer attend court. The case will be adjourned to a Contested Hearing date. Typically a contest hearing date happens about 6 months after your case is first listed in court.
At a contested hearing, prosecution witnesses attend court and the prosecution try to prove the offence. You and your lawyer attend court. Judgment will be given the same day or sometimes the court adjourns to consider its decision.

Hardy
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Re: Camo Cops - 11/02/2013

Postby Hardy » Wed May 15, 2013 12:00 pm

I don't see any value in a defendant asking police to prepare their case any better than it already is, or obtaining evidence that they might have forgotten to get, or thinking of answers to your allegations any earlier than when you put them into evidence in court.

oscar
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Re: Camo Cops - 11/02/2013

Postby oscar » Wed May 15, 2013 12:17 pm

agreed sean, but people WORRY SOOOO MUCH

?able
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Re: Camo Cops - 11/02/2013

Postby ?able » Wed May 15, 2013 12:40 pm

Ok thanks for your replies

?able
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Re: Camo Cops - 11/02/2013

Postby ?able » Thu May 16, 2013 7:54 pm

I accept & agree with you now Hardy.
Mode 100 I had read all of that, I was not after full brief I was asking for 1 specific piece of info that I know exists, that the informant has signed a statement to the fact, that i believe the mag. Crt. Rules allow me too ask for & that the informant must reply as to yes or no & why no. IM not going to ask for it again (info from informant) I was asking if I am correct in my right to ask for it though.
Sorry for.confusion

Hardy
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Re: Camo Cops - 11/02/2013

Postby Hardy » Thu May 16, 2013 10:34 pm

You are quite entitled to ask for whatever you like. If the police don't give you what you are seeking, then ask the magistrate to order them to disclose the information you are seeking. That is easy to do. It might even be useful, depending what your purpose is. It does not help to ask them to produce info that they are required to produce in order to win their case. For example, writing to them to complain that you have not yet been provided with a calibration certificate that is correctly dated and signed will merely result in you being given a calibration certificate that is correctly dated and signed. So you just stuffed up one of your best chances of winning.

?able
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Re: Camo Cops - 11/02/2013

Postby ?able » Fri May 17, 2013 6:08 am

What are the repercussions if any of not complying with mag Crt rules, ie not even replying to said request?

Hardy
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Re: Camo Cops - 11/02/2013

Postby Hardy » Fri May 17, 2013 7:29 am

The case gets delayed if you wanna complain to the magistrate about their failure to comply.


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