James Colton - Justice Online

English Justice is Injustice

Nemo tenetur prodere seipsum

(‘no one is obliged to accuse himself)

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email: jamescolton1943@hotmail.com


Instructing Your Solicitor

Do NOT sit on your arse expecting your solicitor to do all the work when he is paid peanuts (Legal Aid). It won't happen.

The same applies if you are paying his fee, which is around 300 per hour!

Be very cautious! You never know. You may get a good solicitor.

Should your case go to court this is what will happen. A must watch!

Facing trial is a daunting experience. Here are 6 training video's that will give you an insight of what is likely to happen.

The main difference in these training video's are that in historic sex offences there is no EVIDENCE!

Opening speech at trial

The first thing is that the jury will hear the Court Clerk read out the indictment - the charge sheet stating what the defendant is supposed to have done. A sample one is here. Almost all prosecutions in the Crown Court are done in the name of The Queen (Regina, or R, is Latin for queen).

The Prosecutor (a solicitor-advocate or barrister who represents the prosecution) will then open the case. This will be relatively short. The aim is not to stick the boot in to the defendant, but set out briefly what the allegation is and what evidence it is expected the jury will hear.

There will not be a lot of law in what the Prosecutor says, normally no more than the burden and standard of proof. The defence will not make a speech at this stage. See link click

witness statement

When Should an Application to Stay Proceedings as an

Abuse of Process be Heard?

The appropriate time for such an application to be made is before the trial commences, unless a defendant some can point to a specific reason to defer an application until after the close of the prosecution case,:

Where there are genuine grounds for an application to stay on the basis that a fair trial will be impossible because of incurable prejudice to the defendant caused by delay, that application is, by its nature, preliminary to rather than part of the trial process. The contention is that the trial should not take place at all.

If it is to be made, notice should be given before the trial begins. In the end of course the time when it should be dealt with by argument and ruling is a matter for the trial judge. Although we can envisage cases in which, for example, the application is based on prejudice resulting from the absence of long-lost evidence, such as institutional records, and where the evaluation of the significance of the absence of such evidence may best be undertaken at the close of the Crown's case,

in general the question whether the trial should proceed at all should take place before evidence is called unless there is a specific reason for deferment, an application to stay on abuse of process grounds is preliminary to the trial, and ought normally to be dealt with at the outset.

Although the Court in F identified an example of abuse which might be suitable for deferment until the close of the prosecution's case (lost records), it noted that the danger of so deferring is that the trial judge confuses an application for a stay with a half-time submission, thereby running the risk, if the application for a stay is allowed, of appearing to have usurped the function of the jury by making assessments about the evidence called that are properly and usually for the jury to make.


Provided that the principles in Galbraith and Attorney General's Reference No 2 of 2001 are understood, the only other authorities to which reference should be made are Stephen Paul S and F. As to Stephen Paul S, the principles to be applied by a judge on an application for a stay for abuse on the ground of delay are these: Per the Lord Chief Justice at paragraph 41 of F

R -v- Galbraith [1981] 1 W.L.R. 1039.



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