Every allegation and procedural decision should be examined with care. Testing the prosecution evidence means asking whether it is admissible, reliable, accurately attributed and sufficient to prove the allegation against the individual defendant.
How does a criminal defence solicitor test the evidence?
The defence reviews what the prosecution relies upon and what may be missing. This can include witness accounts, interview records, CCTV, identification evidence, phone downloads, call data, cell-site analysis, financial records, forensic material and expert opinion.
Important evidential questions
- Was the evidence obtained and preserved lawfully?
- Does it reliably identify or attribute conduct to the accused?
- Are messages or conversations presented in their proper context?
- Has relevant unused material been disclosed?
- Is expert evidence needed to test the prosecution interpretation?
Technical and procedural challenges
A case may be affected by errors in identification procedure, disclosure, continuity, interview process or expert methodology. Early scrutiny can identify appropriate representations, disclosure requests and legal applications before trial.
Ghafar Khan acts in serious and complex criminal cases throughout England and Wales, including drug conspiracy, fraud, money laundering, murder, organised crime and cases involving telephone or digital evidence.
How the defence case is developed
A clear case theory
A case theory brings the client’s instructions, evidence and legal issues into one coherent defence position. It identifies what is disputed, the alternative explanation and the facts that must be established or challenged.
Evidence and disclosure requests
Focused requests may be required for CCTV, custody records, telephone material, unused witness evidence, forensic working documents or investigation logs that could assist the defence or undermine the prosecution.
Specialist advocacy matched to the case
The advocate should have experience suited to the allegation, evidence and court. Ghafar Khan may undertake the advocacy himself or instruct a specialist barrister or King’s Counsel where appropriate.
Contact Ghafar Khan: 07500 556587 · notguilty@ghafarkhan.com · #CALLGFA
General information only. Each case depends on its own facts and evidence.