How may the accused obtain the trial record to read or copy, and what follows for that record if the request is not met?
General information · Not legal advice
Material to check
The practice file for this exercise holds the accused's written request to inspect or copy the trial record, any reply or decision from the court on that request, and material showing whether the accused is able to read the trial record, since that fact decides whether reading aloud may be requested instead.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading treats both requests as the accused's own: the accused may apply to inspect or copy the trial record, and where the accused cannot read the trial record, may instead apply to have it read aloud, so the second form of access depends on that inability.
Another reading turns on the consequence: where the court does not comply with either request, the trial record cannot be made evidence of guilt, which reaches a refused request as well as one left without a response, but leaves open what other use the record may still have outside evidence of guilt.
Your judgment
Where a request was made and the file shows no compliance, what in the file would show whether the trial record was nonetheless put to use as evidence of guilt?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change the requests available or the consequence of non-compliance, or if a court decision explains what counts as a request not complied with or how far the bar on using the record as evidence of guilt extends.