Excluding Evidence as a Remedy for Non Compliance

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Course Overview

Last year’s Court of Appeal decision in Boardman 1 Cr. App. R. 504(33) offers a remedy to advocates confronted with evidence served late in the day or on the day of trial itself. Boardman reinforces the need for robust case management even if the price be that the prosecution case collapses. It also has a warning about CPIA disclosure.

The course sets out the following:

The need to ensure directions are complied with
What you must do if you can’t comply
What you must do if your opponent does not comply
How to deal with evidence served late in the day
Making an application to exclude late evidence under s78 PACE
Your submissions to the court
Likely counter-arguments
The benefits of a chronology
The Court of Appeal’s views on excuses for non-compliance
Do’s and don’ts with requests for unused material

What are the requirements?

This course provides 0.5 – 1 CPD point (depending on length of time spent considering the discussion questions and completing the evaluation form)
20 minute recorded webinar, including reference notes, discussion questions and optional evaluation form to test your legal knowledge

Learning Outcomes

On completion of this course you will: Know how to exploit non-compliance generally Know how to gain advantage by using the Criminal Procedure Rules Recognise how to avoid losing any advantages created by prosecution failures Understand when and how to argue your points Be able to avoid criticism in disclosure applications

What is the target audience?

Practitioners

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About Instructor - Olwen Davies

Admitted in 1990, Olwen is freelance solicitor-advocate with extensive experience in both defence and prosecution work from the magistrates' court to the Court of Appeal. Olwen has lectured at post- graduate level and has presented many CPD courses for the legal profession, the police, Health and Safety Executive and others. Olwen is the co-author of Jordan's Criminal Practitioners Guide to the Criminal Justice Act 2003 and is an avid supporter of Save UK Justice and the campaign to stop cuts to legal aid and the criminal justice system.