Dvla Court Summons Quick Question Please

[ss601]

Hi

With a court summons that the DVLA have served does anybody know if they have to declare all of their evidence/exhibts in the summons that they send out? Or can they spring new evidence at a magistrates court?

Thanks for your time

[21stcentury]

SS601,

They delcare evidence prior to court appearance. If you really dont want to go, call the prosecutor for the DVLA. They want to avoid court appearances. I have a case due to appear today, the prosecutor called me today and told me to send a fax then case will be dropped at 11hour. I advised that this is not acceptable. So i'm appearing at court to ask for costs.

Derek

[patdavies]

Originally Posted by ss601

Hi

With a court summons that the DVLA have served does anybody know if they have to declare all of their evidence/exhibts in the summons that they send out? Or can they spring new evidence at a magistrates court?

Thanks for your time

In a Magistrates' Court, the prosecution must disclosure the evidence that they intend to use prior to the trial. This is called disclosure.

Evidence that has not been disclosed, may not be adduced without the explicit permission of the Court; even then, you can request an adjournment to study and prepare a defence to any new evidence. The prosecution are not allowed to ambush you.

Normally, you only get the evidence following a not guilty plea. At this point, the case is adjourned to a future date both to allow sufficient time for the hearing and to allow disclosure.

It is also not unusual, where only written evidence is to be used, for copies of this to be sent with the summons.