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The timing of the Ched Evans rape trial...

Not wanting to get into the events of the trial and verdict, but more interested in the timing of the trial which looks like playing a crucial part in deciding who gets automatic promotion.

If the trial had taken place 2 weeks later, it's hard to see United dropping the 4 points in the last 2 games that look like costing them automatic promotion, as he was scoring goals right until the handcuffs were locked.

Conversely, if the trial had been earlier in the season, and Evans had misssed several months of the season, would United have slumped much earlier? Or would they have got over it, and brought in someone new? Further, if United had slumped earlier, and Wednesday had caught them earlier, would Megson still be in a job, as it's hard to see him being sacked when in an automatic promotion place? Indeed, without United pulling away, would Lee Clark also still be in a job, as he was sacked when it looked like Huddersfield would miss out on automatic promotion?

Does anyone know how trial dates are decided, are the lawyers for the accused able to move the dates back for their convenience, or can the courts impose the timescale?
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Comments

  • It is a very good point and I am sure has had a huge effect on the SUFC team. I doubr whether the CPS really took into account his career when filing the charges, but I am no legal expert so cannot be sure of that.
  • One for Legaladdick.

    Would think that the legal process takes no heed of League One football fixtures though.
  • edited April 2012
    Surely the lawyers would have fought for the best timing. Maybe this was as late as they could get the Judge to agree and the later the better for SUFC, play more games with him in the team?
    same reason John Terry's trial has taken so long?
  • If it means Evans not getting a healthy promotion bonus then I'm Happy for the blue half of the city to grab 2nd spot & hopefully one of the other 3 grab the play-off win...................
  • If your John terry its when it does not effect you if its anyone else your screwd as is your team
  • It wouldn't affect us much this season, as we're not heavily reliant on one player, but..

    Imagine during 1997/1998 season, if super Clive had been accused of a serious crime, with a potential jail sentence, I'm sure our lawyers would have desperately been searching for a way of keeping the trial until after the season ended...
  • This is what I don't u understand, JT's trial is not till the end of the season how come? I believe it should have been done at the time like Suraez case and Evans. I also think if Evans didn't go inside at the time he did SUFC would be up with us.
  • John Terry's case is a bit different as that is a summary/magistrate trial and there is no prison sentence if he's found guilty. In that case his legal team did get the case pushed back to the close season citing on-going commitments to both Terry and other witnesses.

  • John Terry's case is a bit different as that is a summary/magistrate trial and there is no prison sentence if he's found guilty. In that case his legal team did get the case pushed back to the close season citing on-going commitments to both Terry and other witnesses.

    So how come Suraez situation wasn't dealt the same way?
  • John Terry's case is a bit different as that is a summary/magistrate trial and there is no prison sentence if he's found guilty. In that case his legal team did get the case pushed back to the close season citing on-going commitments to both Terry and other witnesses.

    So how come Suraez situation wasn't dealt the same way?
    It wasn't a court case, it was an FA panel.

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  • But surely his council would have used delaying tactics to delay the case etc?
  • John Terry's case is a bit different as that is a summary/magistrate trial and there is no prison sentence if he's found guilty. In that case his legal team did get the case pushed back to the close season citing on-going commitments to both Terry and other witnesses.

    So how come Suraez situation wasn't dealt the same way?
    It wasn't a court case, it was an FA panel.

    Ok cool, bit of a idiot(as you may of guessed) how come the FA aren't dealing with the Terry case?
  • Ok cool, bit of a idiot(as you may of guessed) how come the FA aren't dealing with the Terry case?

    Because the courts are - the FA might impose a fine/penalty or something, but won't pre-empt a court case.
  • John Terry's case is a bit different as that is a summary/magistrate trial and there is no prison sentence if he's found guilty. In that case his legal team did get the case pushed back to the close season citing on-going commitments to both Terry and other witnesses.

    So how come Suraez situation wasn't dealt the same way?
    It wasn't a court case, it was an FA panel.

    Ok cool, bit of a idiot(as you may of guessed) how come the FA aren't dealing with the Terry case?
    A member of the public made a complaint to the police so it became a police matter. That takes precedence over a FA matter so the FA or it maybe the FAPL can't act until the legal case is over. If Terry is found guilty then the FA may well then act and impose their own punishment.

  • Ok cool, bit of a idiot(as you may of guessed) how come the FA aren't dealing with the Terry case?

    Because the courts are - the FA might impose a fine/penalty or something, but won't pre-empt a court case.
    Ok, still not 100% on this seems a bit double standards from the FA. They are happy to dish out a ban for one player but not another.
  • Ok, still not 100% on this seems a bit double standards from the FA. They are happy to dish out a ban for one player but not another.

    As I said it would prejudice an on-going trial. If the FA held a hearing and found him guilty and banned him then Terry could claim that it prejudiced the court case. If he's found guilty then I think the FA will take some action.

  • Ok, still not 100% on this seems a bit double standards from the FA. They are happy to dish out a ban for one player but not another.

    As I said it would prejudice an on-going trial. If the FA held a hearing and found him guilty and banned him then Terry could claim that it prejudiced the court case. If he's found guilty then I think the FA will take some action.

    Thanks for the answers shed some light for me
  • The timing of a trial cannot be affected to accommodate the employment of the accused. Neither can "delaying tactics" be used by either side. That's not to say delays don't occur. Suitable dates have to be found where all parties are available, ie barristers, victims and witnesses plus the adequate amount of court time availability.
    Even when all of that is arranged, the necessary documents have to be prepared in time.
  • The court is in control of the trial date. Factors taken into account include: convenience of witnesses, availability of a suitable judge (offences are graded as are judges), availaiblity of a court room at the trial venue (in this case Caernarfon Crown Court) for the estimated length of trial and availability of trial counsel. This means there can be some 'negotiating' but in the end the judge will decide when the trial will start. Was he a Wendy fan I wonder???

    As for Woodys later post, as BFR rightly says, the FA will not (in fact cannot) deal with Terry before the criminal trial. That could amount to contempt of court and might well result in suits from the FA standing in the dock. Once the criminal case is over they are entitled to act BUT if Terry is acquitted, for reasons which are too long to set out here, I have no doubt whatsoever that the FA will either not pursue the allegation or will 'acquit' him.
  • edited April 2012
    There is little doubt that the trial and Evans' subsequent conviction has cost United automatic promotion. However, the idea that a court should adjourn or postpone a trial for football reasons is laughable.
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  • There is little doubt that the trial and Evans' subsequent conviction has cost United automatic promotion.
    Not yet it hasn't.
  • ^ wanna bet?
  • Evans date is a case of just happens to be ...he may have been shite all season and not got in the team ...then the date would not have been relevant .

    Did they do the protest on saturday at the game ? I missed the game

  • There is little doubt that the trial and Evans' subsequent conviction has cost United automatic promotion. However, the idea that a court should adjourn or postpone a trial for football reasons is laughable.
    But of course it wouldn't be postponed for football reasons. If however Evan's counsel decided he needed extra time to conduct his defence, or the supporting witnesses were unavailable for some reason...I'm sure lawyers try these tricks

    It is interesting comparing with the Brighton/Bournemouth case, that the incident took place last July, yet the players will only appear before magistrates in May

    http://www.bbc.co.uk/news/uk-england-sussex-17898285
  • There is little doubt that the trial and Evans' subsequent conviction has cost United automatic promotion. However, the idea that a court should adjourn or postpone a trial for football reasons is laughable.
    But of course it wouldn't be postponed for football reasons. If however Evan's counsel decided he needed extra time to conduct his defence, or the supporting witnesses were unavailable for some reason...I'm sure lawyers try these tricks

    It is interesting comparing with the Brighton/Bournemouth case, that the incident took place last July, yet the players will only appear before magistrates in May

    http://www.bbc.co.uk/news/uk-england-sussex-17898285
    Different considerations. I am a little surprised that the Evans trial took place when it did but see my explanation earlier (lawyers tricks' ? how hurtful!!) Perhaps there was no alternative date before the autumn and judges are under pressure to get trials on.

    As for the Brighton case, this is absolutely what I would expect. The CPS has considered the evidence and authorised charges after a detailed investigation. They will have a first appearance and at some stage either (depending on the charge which I haven't seen) they will go to the Crown Court for trial or be tried at the magistrates' court (please note the correct use of the apostrophe for the pedants on this site;-)
  • And so it came to pass, that after Evans went to jail, Sheffield United failed to win any of their last 3 games, after being on a storming run of form, and missed automatic promotion...
  • Last 2 games finished 2-2. Lack of goal power not the reason they blew it...
  • But it killed their momentum, psycologically it must have been a massive blow for them (and a massive boost for Wednesday, no pun intended)
  • Well it's hard to argue with that given how events unfolded.
  • Last 2 games finished 2-2. Lack of goal power not the reason they blew it...
    I disagree. They won two games 5-2 in that run before the sentance and Evans scored in both of them.
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