REX

-v- 

JOHN JONES

BRIEF FOR THE PROSECUTION

Counsel will see below for their instructions.

In addition, those instructing have included the link to the Digital Case System (DCS) file, where Counsel will find the cases papers, including the Indictment, Prosecution Witness Statements & Exhibits, Bad Character Application, and the Defendant's Antecedents.

The link is here: R v JONES DCS

Counsel should note that only the Green coloured links in the side bar work.

INSTRUCTIONS

1.    Counsel is instructed to prosecute John Jones in his forthcoming trial at Bristol Crown Court in the second week of November. A Plea and Trial Preparation Hearing was held on the 9th October before HHJ Simmonds.

2.    At the PTPH, the defendant was arraigned. He pleaded guilty to the common assault, so there will be a trial in respect of the ABH only.

3.    HHJ Simmonds made some comments [which those instructing would, with the very greatest of respect, say were uncalled for] about the extent of the Bad Character Application. Be that as it may, she has directed the Trial Advocates for both Prosecution and Defence to draft skeleton arguments setting out their case in respect of the Bad Character Application. Counsel will find the law in Archbold and the relevant facts for this case in the Antecedent history and Precon resume, both of which are in the brief.

4.    The defence do not require the doctor, the photographer or the OIC. In the case of the latter, this is just as well, because PC Ackland lost her notebook.

5.    Madge Hardy, the typist has prepared a full account of the defendant's interview. Those instructing can confirm that nothing has been left out.

6.    Additionally, there are no further witnesses that we are aware of. The notebooks of the other officers who attended the scene, and managed not to lose them, have been inspected. They did not witness anything being said or done by anyone. We can confirm that the 999 tape simply says that 'a man has been hit on St Augustine's Parade, send an ambulance now' before hanging up. It is impossible to work out who made the call or indeed if it is a man or a woman speaking. Those instructing take the view it doesn't add anything and in the absence of a defence statement, it remains unused.

7.    We trust that Counsel will find the brief in its usual apple pie order. Counsel is instructed to employ Counsel's usual skill, dedication and eloquence in securing a conviction.

8.    We gather that Mr Philips, the Criminal Solicitor at the defendant's firm is away until the end of November. Accordingly, it seems unlikely that any requests will be coming from that quarter.

Harriet Buck

CPS