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NSW Does the Defence Have Access to Physical Evidence?

Discussion in 'Criminal Law Forum' started by JOH, 11 October 2016.

  1. JOH

    JOH Well-Known Member

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    Hi Everyone,

    I am being represented by the Police but they don't really give me much information about the case and all.

    Anyway, my question is whether the defence have access to physical evidence which the police have seized such as a phone? The phone is an exhibit with the police right now so do the defense have a right to look at it and/or use it as evidence?

    Thanks,
     
  2. Gorodetsky

    Gorodetsky Well-Known Member

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    !
    You are being represented by the police?

    That is not good. The police are not to be trusted for legal advice. The police have no obligation to defend you. Their job is to convict suspects.

    The police are allowed to lie to you.

    You ought to contact a lawyer aap.

    Good luck,
     
  3. JOH

    JOH Well-Known Member

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    Oh, wow that is concerning! Yeah so I am part of 'prosecution' essentially so I was just wondering whether the defense have access to a phone which is the main form of evidence for us...

    Thank you so much for your prompt reply..
     
  4. Gorodetsky

    Gorodetsky Well-Known Member

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    Hi Joh,

    Ok, so you are not being prosecuted, you are the victim or a witness or something, but not the defendant... Right?

    Ok, I'm not a solicitor.

    The defence certainly get access and information about whatever the prosecution use to prove the crime...

    At first, the police just give a brief written summary what police reckon the incriminating evidence is, if the defendant keeps pleading not guilty, the cops might send them video from the phone. If that's the evidence...if it goes to a hearing, the defence can get to handle the phone if they want...but they'll certainly be offered complete sms history if that is what's relevant.

    I hope that helps...

    Incidently, if you are a witness, or a victim, the police still do not represent you. They are supposed to be representing the public interest...as I'm sure you'll find.

    I hope this helps,
     
    JOH likes this.
  5. JOH

    JOH Well-Known Member

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    Oh ok, yeah I am going in as the victim as you said.

    Yes, you are correct as I am finding out more and more... but there is a little bit more empathy and different approach I guess because of the sensitivity of the case. However, you are right police do represent the community more in all situations.

    Thank you so much for all your help,
     

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