If I represent myself to defend myself against false criminal charges, am I able to subpoena people?

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Nemesis

Well-Known Member
2 October 2016
15
0
76
I am the victim of an assault but have somehow been charged with assault.

For reasons I can explain if necessary, I will probably have to represent myself in court.

I would like to subpoena people to testify, including police officers. I would also like to subpoena all 000 calls made from my home and the actual offender’s home (or any phone he has) to present as evidence.

Do I have the right to do this?

If yes, what is process?

I’d like to start mounting my defence ASAP.

Thanks!
 

Philly2020

Well-Known Member
27 April 2018
113
4
389
It is my understanding that if you are self represented you are able to request subpoenas, but a judge will have to agree that there is good reason for them and allow the subpoena to go ahead.
 

GL1001

Well-Known Member
26 December 2018
17
2
74
Yes you can subpoena any entity that you think is relevant.

You will need to fill out the relevant subpoena form for your jurisdiction which itemises the content you are requesting be produced to the Court.

You will be given a return date, and on that date you will need to seek leave to inspect the material (at least in NSW this is how the process works). Leave is generally granted unless there’s some absurd request or the prosecution objects.

In relation to subpoenaing 000 calls, you wont get the recordings of those calls and I’m not even sure if NSW police record the calls unless they respond to them. You could subpoena the telephone provider instead, but considering how you’re looking to subpoena to “actual offender’s” telephone records, I’m not sure how successful it will be given you wont be able to see what was communicated during those calls, only that the calls were made.

Good luck
 

raped at Bond university

Active Member
22 December 2018
9
0
31
I am the victim of an assault but have somehow been charged with assault.

For reasons I can explain if necessary, I will probably have to represent myself in court.

I would like to subpoena people to testify, including police officers. I would also like to subpoena all 000 calls made from my home and the actual offender’s home (or any phone he has) to present as evidence.

Do I have the right to do this?

If yes, what is process?

I’d like to start mounting my defence ASAP.

Thanks!
I am the victim of an assault but have somehow been charged with assault.

For reasons I can explain if necessary, I will probably have to represent myself in court.

I would like to subpoena people to testify, including police officers. I would also like to subpoena all 000 calls made from my home and the actual offender’s home (or any phone he has) to present as evidence.

Do I have the right to do this?

If yes, what is process?

I’d like to start mounting my defence ASAP.

Thanks!


Not a lawyer here. I think it depends which state and which court. It is very common to be charged for a crime if you are a victim and call for police help. Expect police to lie to get a conviction.
In Qld magistrate court, the court website has court forms for a summons, which is the same as a district court subpoena. NSW is different. There website I recall says something about needing permission to summons witnesses, so it may be an application for leave to summons a witness or document. In Qld, the summons application has been totally altered so it looks like only police can summons a witness, but you can summons. If you use the police modified form, a JP might not sign it. A JP or department of justice may be able to get you a summons application form that is for use not just by police.
If you have time to wait, about a month to process, you can get the emergency call recording in nsw in a GIPA application. They are about $30. In Qld it is an IP application and can be filled in online. You need notarised ID. Call for an ambo, make the IP application to Qld Health and 000 for police make the IP request to QPS. if someone else made the call it is an rti or foi request. Police, to me, tried or did arrest me to obstruct me serving them or others summonses. Don't even think about going to court without the triple zero call because the prosecutor will definitely say it doesn't exist. They just want convictions and will do anything. Also once you try summons police or complaint about them, you'll need to get your personal data, especially flaggings and warnings about you from the police system (qprime in Qld) IP application is free in Qld. If those are retaliatory warnings inciting every officer to stalk you, you should get them removed. As you are now on bail, expect to be harassed by police constantly and allegations made of assault again. You are now prime prey for the police. IP can show you how many officers and who has looked up your private information. They can be sued for hacking your data, stalking, misfeasance or malicious prosecution if the facts fit. Your situation is very common. They want to fill up the private prisons.
 

Nemesis

Well-Known Member
2 October 2016
15
0
76
Yes you can subpoena any entity that you think is relevant.

You will need to fill out the relevant subpoena form for your jurisdiction which itemises the content you are requesting be produced to the Court.

You will be given a return date, and on that date you will need to seek leave to inspect the material (at least in NSW this is how the process works). Leave is generally granted unless there’s some absurd request or the prosecution objects.

In relation to subpoenaing 000 calls, you wont get the recordings of those calls and I’m not even sure if NSW police record the calls unless they respond to them. You could subpoena the telephone provider instead, but considering how you’re looking to subpoena to “actual offender’s” telephone records, I’m not sure how successful it will be given you wont be able to see what was communicated during those calls, only that the calls were made.

Good luck

Thank you for you answer and sorry for my delayed response.

The key piece of evidence I am seeking is any 000 calls made from certain address within a 2-hour window on a particular day. I was under the impression that all calls to 000 (be it for police, fire or ambulance) are recorded by the government-run call centre (not by the police for example) and kept forever and that they are also subject to the Freedom of Information act. I often see news stories where recordings of actual 000 calls are played.

So, I do believe that these recordings and the timing of these calls MUST exist - it's just a question of how I subpoena them and also to WHOM do I serve the subpoena. This is the confusing part. No one has so far been able to give the address of the correct organisation so I can serve this subpoena. But time is rapidly running out and I really need to get these transcripts to clear my name ASAP.

Can you or anyone else help with this part of my question?

Thanks!