The only thing I would disagree with is the Judge who says we are ‘fast approaching’ a miscarriage of justice – I’ve seen several at first hand.
A colleague of mine recently received a bad character application prepared by the prosecution. The application was sent out from the prosecution 12 days in advance of the next hearing in the case.
The Criminal Procedure Rules and common sense dictate that such applications should be made as soon as possible and at an early stage in the proceedings. This was not an early stage in the proceedings but at least it gave the defence 12 days to respond and, in the current climate, perhaps we should rejoice at this small victory.
The problem is that the application was sent out two weeks after the trial. The next hearing date is sentence.
Comical and depressing, all at the same time.
I know exactly what the problem will have been. It was dictated and went into typing weeks ago. There it will have languished for a while before being returned. Then…
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