-
- Newbie
- Posts: 18
- Joined: Mon Mar 22, 2010 11:53 pm
Disclosure Notes From Police/utterances - Can They Be Used?
I received disclosure from the Crown....and i followed up with another disclosure request to explain the officers hand written notes....
So i finally got the follow-up request...the disclosure is divided into two sections....from the note book...and it explains the officer's notes....
and there is a second section "from template"...
1/ What is from template?
2/ he states that I made an utterance (Was only going 90km/hr).....can these utterances be brought out in court without the officer cautioning the defendant about any statements?
- Simon Borys
- VIP
- Posts: 1065
- Joined: Fri Apr 30, 2010 10:20 am
- Contact:
The template probably refers to a sheet officers use when doing a lot of speed enforcement at one spot. It allows them to record all the necessary information for each ticket in one place rather than over pages and pages in their notes. Then they just have to keep and use that for court.
In order to get a statement in they would have to hold a voir dire hearing at the trial, which they won't do for a speeding ticket and even if they did, uncautioned statements are almost always inadmissible as hearsay.
I thought that template evidence was inadmissable in court, but I can't remember why... Something about it affecting the officer's independant recollection and being "canned evidence" or something to that effect.
-------------
"Bad laws are the worst sort of tyranny." - Edmund Burke"
"Never forget that everything Hitler did in Germany was legal" - MLK Jr.
-
- Similar Topics
-
-
New post Police Notes
by hwybear in Courts and ProcedureLast post by hwybear Tue Apr 06, 2010 4:50 pm
-
-
-
New post 20 over Disclosure Help - Anyone understand Cop notes?
Last post by Reflections Wed Aug 24, 2011 1:36 pm
-
-
-
New post Tagged for speeding, very little disclosure notes
Last post by blackout_08 Tue Jan 22, 2019 9:42 am
-
-
-
New post received my disclosure notes; need help deciphering
Last post by The Stig Thu Apr 07, 2011 12:41 pm
-
-
-
New post Speeding 5KM over but what if disclosure notes missing info?
by ME AGAIN in General TalkLast post by ME AGAIN Mon Dec 06, 2010 9:44 pm
-
-
-
New post Ultralyte Testing Procedures vs Disclosure Notes
Last post by blackout_08 Sat Feb 09, 2019 2:44 pm
-
-
-
New post Pushback on disclosure request for typed notes
Last post by iFly55 Thu Jul 24, 2014 11:07 pm
-
Who is online
Users browsing this forum: No registered users and 41 guests