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My finding of fact case recently relied on a police disclosure which was grossly inaccurate. I pointed this out in court and was basically accused of not trusting professionals or the official documents they produce. I have evidence to show that the police disclosure is inaccurate and has various errors and omissions.
Can I appeal the decisions made in the finding of fact based on the fact that the documents are wrong? How do I go about this?
I am only guessing here, but I would say that the court acted correctly on the evidence available from the police, and that you would first need to get the police report corrected, and then go back to court with the new report.
You could contact you local police and crime commissioner to ask how your would go about doing this.
I've tried to do this and went direct to the people that release the disclosures. They said that the disclosure can't be amended but that I can register that I disagree with it's contents. This isn't really going to help in court. Which still begs the question, can I appeal based on the fact that it was incorrect - this was on many levels.
Even then, the judge's decisions directly contradict some of the things that were said in the disclosure. For example, the disclosure would say "He picked an apple from the tree" and the judge argued "He did not pick the apple from the tree". It's crazy - if there is evidence, the decisions should be made on that evidence, not the opinion of someone who is blatantly willing to ignore facts and force you to go through a long and windy appeals process.
If you can show that the court made a definite error, then you may be able to appeal. I know there is a time limit for lodging an appeal, but I don't know the process.
The time limit is 21 days from the date of the hearing. I managed to file an appeal by day 20 - it was a lot of work. What's annoying is that without a court order, you don't know what you're appealing against - the courts don't rush themselves in sending them out.
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