Legal Wizard

Evidence (Road Traffic Offences)

Much has been made of the inefficiency of the Prosecution not having their case in order and being able to prove it. For the avoidance of doubt, evidence can be hearsay or actual. Actual evidence of the circumstances of an offence can be given on the day of the hearing (eg by a police officer who is a witness actually attending the Court). If the Prosecution wish to rely on hearsay evidence (without anyone attending the Court to prove it - eg by way of photograph) then that evidence should be served at least 7 days before the hearing. If there is any doubt the Court will ask itself:-

• Has there been a breach?
• Is a fair trial possible?
• The Court will normally not dismiss or stay a case, but if necessary will adjourn for evidence to be given (with an additional increase in cost).