I am at it again helping someone fight a ticket, this time in London. I have a few questions dealing with the disclosure request.
The prosecutors here seem to have gotten smart to the usual tactics. They now include a whole page (instead of the 2" tear-off slip) with one side for filling out defendant's information and the other side is filled with instructions. Obviously I will not be using this form, but there is something that concerns me: this form specifically states that disclosure will not be mailed. It provides three options:
- Email. I don't want to use email for the same reason I don't want to use regular mail or phone: The prosecutor can claim he emailed it even though nothing has been received, and that is considered due diligence on his part.
- Fax. While fax is good because there is a confirmation of receipt, I do not own a fax machine.
- Pickup. I am actually ok with this but apparently I am expected to call the prosecutor's office on a daily basis to check if it is ready.
Anyway, in my usual request, I give a list of what I want and then state "please send everything requested to the above address via registered mail". Will this be ok, or should I add to it something more prudent like " or, send a registered letter notifying me that this is ready and I will pick it up"?
If (as I expect will happen) I receive nothing, what will likely happen at the trial date? Will the trial proceed because I didn't follow their three options?