7:54am Monday 2nd June 2014
North Yorkshire prosecutors will have to pay up for not giving a defendant and his solicitor a copy of evidence against him within a reasonable time.
District judge Adrian Lower was surprised to hear from Sam Law, appearing for the CPS, that the prosecutors had not received CCTV evidence of an alleged public order offence from North Yorkshire Police.
A police spokeswoman said the force had not received the formal request to supply the evidence until the day after the hearing.
York Magistrates Court heard officers had shown the CCTV footage to the defendant when they had interviewed him in late March shortly after the incident that led to the case, and the defendant could not give his lawyers instructions until they had seen it.
But although the case had been adjourned for a week at a previous hearing for the evidence to be served, by last Thursday the defence lawyers had yet to receive it.
The judge told defence solicitor Liam Hassan: "It is very simple to provide the CCTV."
He ordered the CPS to pay £215 plus VAT to cover the defendant's travel and legal costs for the hearing and gave prosecutors another week to give the defence a copy of the CCTV evidence.
He added that if they did not, a police officer would have to attend court to explain why it had not been done.
A police spokeswoman said the force had received the formal request to supply CCTV on Friday, and it will be hand delivered to the defence solicitor today.
"However, where CCTV is deemed an integral part of the prosecution case, North Yorkshire Police should supply CCTV for the first hearing as part of the initial file submission," she said. "Appropriate advice will be given to the relevant staff who submitted the case."
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