Advocacy - CLP

Question 1

Bail - acting for prosecution

Question 2

Bail - acting for defence

Answer 2

1) Remind court of general right to bail

2) Remind the court of the prosecution having burden to show grounds are made out and any risks cannot be mitigated by imposing bail conditions

3) Address the prosecution’s concerns (list the grounds / exceptions to bail), namely that there are substantial grounds for believing that, if released on bail, the defendant will (FIC):
* Fail to surrender to custody, and/or
* Commit further offences whilst on bail, and/or
* Interfere with witness / obstruct course of justice

4) Mandatory factors for the court to consider in deciding if ground(s) exist:
* Nature and seriousness of offence, and likely sentence
* Character and antecedents (previous convictions) of D
* D’s associations and community ties
* D’s bail history
* Strength of evidence

5) Suggest alternative measures / conditions (conditions must be relevant, proportionate and enforceable)
* Surety
* Security
* Report to police station
* Residence
* Curfew
* Non-communication with prosecution witness
* Not to enter specified area
* Surrender passport
* Electronic monitoring
* Bail hostels

6) If applicable mention any other info that helps the defendant’s bail application
* Seriousness of offence
* Losing job / livelihood
* Family disruption / carer and childcare responsibilities

Question 3

Only when are the big 3 grounds relevant re summary only offences

Answer 3

Only relevant following:
* Past conviction for failing to surrender
* Breached bail condition in ongoing proceedings

Question 4

When should bail not be removed under one of the big 3 grounds

Answer 4

1. D is 18+
2. Has not yet been convicted in the proceedings, and
3. There is ‘no real prospect’ of a custodial sentence

Question 5

Bail conditions

Answer 5

• Surety
• Security
• Report to police station
• Residence
• Curfew
• Non-communication with prosecution witness
• Not to enter specified area
• Surrender passport
• Electronic monitoring
• Bail hostels

Question 6

Plea in mitigation outline

Answer 6

1) State the offence – do / do not dispute category stated?

2) Remind court sentence must be proportionate to the seriousness, considering culpability and harm

3) Sentencing guidelines
* Court MUST follow
* Determine the offence category
* Set out appropriate range of sentence based on category

4) Identify starting point, category range and thresholds
* Starting point = before factors applied
* Category range = after factors applied
* Range of sentences

Thresholds:
* Custodial – SO SERIOUS that neither a fine alone nor community sentence can be justified
* Community order – SERIOUS ENOUGH to warrant order

5) Determine seriousness by addressing aggravating and mitigating factors

6) If multiple offences, refer to totality principle and concurrent sentences
* = when sentencing for more than one offence a court must consider what total sentence should be and arrive at one that is just and proportionate

7) If guilty plea, remind court of mitigation

First stage of proceedings – max 1/3 off
* Summary / either way – MC first hearing
* Indictable only – indication at MC

After first stage – max 1/4 off

On day of trial – max 1/10 off

8) Propose appropriate sentence

SPGISMA

Question 7

What are the offence categories?

Answer 7

Category 1: greater harm, higher culpability

Category 2: greater harm, lower culpability / lesser harm, higher culpability

Category 3: lesser harm, lower culpability

Question 8

Propose appropiate sentence - suspended vs community

Answer 8

Suspended sentence has 3 elements:
* Custodial term
* Operation period
* Supervision period

Community orders = SERIOUS ENOUGH
* Offender must be over 18 and offence must be punishable with imprisonment
* Max length 3 years, at least one punitive requirement, must specify period of operation
* May be guided by PSR

Question 9

Bad character general outline

Answer 9

1) Define bad character evidence
* Bad character = evidence of, or of a disposition towards misconduct that does not pertain to offence itself
* Misconduct = the commission of an offence or other reprehensible behaviour

2) Court duty - weight attached is a matter for the jury
* When assessing what weight to give to evidence, part of the reasoning must be to look at the credibility of the witness (assessed in light of all evidence)
* Jury must be warned not to place too much reliance on it
* Cannot be used to bolster a weak case nor prejudice jury against D

3) Decide which gateway applies
* Set out facts of misconduct on which party relies
* Explain how that party will prove those facts
* Explain why the evidence is admissible

DCD

Question 10

Fairness test and which grounds it applies to

Answer 10

Court MUST NOT admit evidence re D bad character if, on an application by D to exclude it, it appears to the court that the admission of the evidence would have such an adverse effect on the fairness of proceedings that the court ought not to admit it

Applies re D bad character - grounds D and G

Question 11

D bad character - important explanatory evidence

Answer 11

a) Without it, the court or jury would find it difficult / impossible to properly understand the other evidence in the case

AND

b) Its value for understanding the case as a whole is substantial

Leave required

Question 12

D bad character - important matter in issue between D & P (propensity to commit offences of kind charged)

Answer 12

51) Explain ground / law
* Important matter = matter of substantial importance of the context of the case as a whole
* P evidence only
* Leave required

2) HANSON TEST (PLU):

a) Does D’s history of convictions establish a propensity to commit offences of the kind charged?
* Offence of same description
* Offence of same category (theft / sexual offences)

b) Does that propensity make it more likely that D committed the offence charged?

c) Where the previous offences are of the same description or category as the offence charged, would it be unjust to rely on them AND in any event, would proceedings be unfair if admitted?
* Length of time that has passed
* Circumstances etc.
* Fairness test applies

3) Number of previous convictions
* No minimum, but the fewer the previous convictions, the weaker the propensity
* Single previous conviction for offence of same kind might show propensity where it shows a tendency for unusual behaviour - ‘signature’

4) Strength of the prosecution evidence
* If little to no other evidence, likely unjust to admit
* Should not be used to bolster otherwise weak case

5) Individual circumstances of each conviction rather than the name of the offence
* Even if not of same description, may still be admissible if factually very similar

8) IF RELEVANT:
Important matter in issue (not just propensity) - ‘signature’

EHPSI

Question 13

D bad character - important matter in issue between D & P (propensity to be untruthful)

Answer 13

Does D’s history of convictions establish a propensity to be untruthful?
* e.g. fraud by false representation
* Does NOT mean propensity to be dishonest

EXCEPT where not suggested that D’s case is untruthful in any respect

Question 14

D bad character - important matter in issue between D / co-D

Answer 14

1. Does the evidence that the co-D wishes to put forward have substantial probative value?
2. Is that matter one of substantial importance in the context of the case as a whole?

S 78 does NOT apply

Cannot be used by P

Fairness test does NOT apply

Question 15

D bad character - false impression

Answer 15

1) How has D made a false impression?
* Express or implied
* Conduct includes dress / appearance
* Before proceedings or during testimony (not if withdrawn)

2) Why should evidence be admitted / not admitted?
*Only admissible to extent it corrects false impression
* P evidence ONLY
* Leave required

Question 16

D bad character - attack on another’s character

Answer 16

1) Has D asserted that someone involved in the proceedings has committed an offence or has behaved in a reprehensible way?
* If so, D’s bad character may be adduced

2) Why should evidence be admitted / not admitted?
* Fairness test applies!
* Leave required
* ONLY P evidence

Question 17

Non-D bad character - important explanatory evidence

Answer 17

1) Without it, the court or jury would find it difficult / impossible to properly understand the other evidence in the case

AND

2) Its value for understanding the case as a whole is substantial

Question 18

Non-D bad character - Substantial probative value in relation to a matter in issue AND of substantial importance in the context of the case as a whole

Answer 18

1) Does the evidence that the co-D wishes to put forward have substantial probative value?
* Court will consider how far the evidence goes to proving a matter in issue – e.g. credibility and reliability
* D can e.g. adduce evidence of another person’s propensity to commit offence of the type charged to show that they committed offence and not D
* Court must have regard to factors

2) Is that matter one of substantial importance in the context of the case as a whole?
* In order to be admissible, the evidence must be capable of having an impact on the way in which the jury could assess the evidence of a witness or the case as a whole

Question 19

Factors the court must consider for non-D bad character - substantial probative value

Answer 19

Court MUST have regard to the following factors:
* Nature & number of events / other things to which the evidence relates
* When those events / things are alleged to have happened / existed
* The nature and extent of the similarities & dissimilarities between each of the alleged instances of misconduct (where applicable)
* The extent to which the evidence shows / tends to show that the same person was responsible each time (where applicable)
* Any other factor the court considers relevant

Question 20

s 78 to exclude bad character

Answer 20

Adverse effect on the fairness of proceedings

• Court MAY not admit (discretionary)
• Gateways D and G (important matter in issue between D/P and attack on another person’s character)
• Prosecution evidence only

Question 21

5 powers to exclude D bad character evidence

Answer 21

1) S 101(3) CJA 2003 – where admission of evidence would have an adverse effect on the fairness of proceedings
* Court MUST not admit
* Gateways D and G (important matter in issue between D/P and attack on another person’s character)

2) S 78 PACE – adverse effect on the fairness of proceedings
* Court MAY not admit (discretionary)
* Gateways D and G (important matter in issue between D/P and attack on another person’s character)
* Prosecution evidence only

3) S 103 – offences may be excluded by length of time since conviction or for any other reason it would be unjust to admit the evidence
* Ground D (important matter in issue between D/P)

4) S 107 – stopping the case where evidence is contaminated

5) S 110 – requires the court to give reasons in open court on bad character rulings

Question 22

Hearsay outline

Answer 22

1) Define hearsay
* Statement
* Made out of court (either in writing or orally) and repeated in court (by someone else)
* Tendered to prove a matter stated (“to cause another person to believe the matter”)

2) General rule = hearsay is NOT admissible
* If evidence falls within definition of hearsay evidence = prima facie INADMISSIBLE
* If evidence falls within one of exceptions = admissible if grounds met

3) Grounds
* Identify whether the hearsay is single or multiple hearsay
* Apply relevant hearsay test

4) Exclusion – if any of the exceptions apply, the court has discretion to exclude otherwise admissible hearsay if:
* S 78 – unfair prosecution evidence
* S 125 – by stopping the case, where it depends wholly or partly on unconvincing hearsay evidence
* S 126 – it is superfluous
* S 117 – unreliable business docs

DGGE

Question 23

Single hearsay - inadmissible unless which exceptions apply?

Answer 23

• Statutory provisions
• Common law principles
• Agreement of the parties
• In the interests of justice

SACI (think casual)

Question 24

Multiple hearsay - inadmissible unless which exceptions apply?

Answer 24

• Contained in a business document
• Inconsistent statement
• Consistent statement
• Agreement of the parties
• Value of evidence is so high that it is in the interests of justice

i.e. NOT unavailability of witness **nor common law **

IVACI

Question 25

Exclusion of hearsay evidence

Answer 25

* S 78 – unfair prosecution evidence * S 125 – by stopping the case, where it depends wholly or partly on unconvincing hearsay evidence * S 126 – it is superfluous (statement will result in undue waste of time which outweighs any benefit to be gained from admitting it) * S 117 – unreliable business docs *discretionary*

Question 26

General exclusionary powers

Answer 26

1) S. 76 – confession evidence * Defence/co-defence can rely * SHALL exclude (*must*) * Test: may have been obtained through **oppression** / anything said or done rendering confession **unreliable** 2) S. 78 – any prosecution evidence * Defence/co-defence can rely * *MAY* exclude * Test: **adverse effect on the fairness of proceedings** 3) Common law – any prosecution evidence * Defence/co-defence can rely * *MAY* exclude * Test: **the prejudicial effect on the arbiter of fact’s mind outweighs probative value of the evidence** 4) Common law – **any** evidence * Prosecution/defence/co-defence can rely * *MAY* exclude * Test: the evidence will NOT be admitted if it is **not RELEVANT** to a matter in issue NOTE: the ONLY means for the prosecution to seek to exclude evidence is through the common law of relevance.

Question 27

Confession evidence exclusion outline

Answer 27

1) **Define** confession * Any statement * Wholly or partly adverse to person who made it * Whether made to a person in authority or not * Whether made in words or otherwise 2) Remind the court that once admissibility is challenged, the **burden is on the prosecution to prove beyond reasonable doubt** that the confession is not unreliable 3) Remind the court that the confession **MUST** be excluded if the burden of proof is not discharged 4) Identify that the confession is **relevant to a matter in issue** between the prosecution and defence and is therefore admissible 5) Identify **under which ground** the confession is sought to be excluded and provide relevant details: * Unreliability owing to things said or done to render it **unreliable** (in the circumstances existing at the time) * Unreliability owing to **oppression** 6) Demonstrate **causation** from the things said or done or oppression to the confession 7) Remind the court that they may also exclude confession owing to their **discretionary power** under s 78 * Admission would have such an adverse effect on the fairness of proceedings | DBMRUCD

Question 28

S 76 - unreliability and oppression

Answer 28

Unreliability owing to things said or done to render it unreliable (in the circumstances existing at the time) * Objective test * Could include behaviour which does not amount to oppression * Must show causation & resulting unreliability * Whether ANY confession obtained in those circumstances would render it unreliable Unreliability owing to oppression * = torture, inhumane or degrading treatment, violence or threat of violence

Question 29

Application to exclude or admit evidence - s 78

Answer 29

Court MAY refuse to allow evidence on which the prosecution proposes to rely if it appears to the court that: 1. Having regard to all the circumstances 2. Including the circumstances in which the evidence was obtained 3. The admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it

Question 30

Exclusion of ID evidence - improperly obtained

Answer 30

1) **Identify relevant breaches** of **PACE Code D** and explain why evidence should be excluded: * Failure to take account of reasonable objections to appearance of others * Failure to keep witnesses away from suspect before or during * Failure to separate witnesses * Failure to warn witnesses that suspect may not be shown at all Must be significant + substantial 2) Link back to s 78 – **discretionary power** * The admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it

Question 31

Exclusion of ID evidence - weak quality

Answer 31

1) Identify what **other evidence** there is to support prosecution 2) Argue for / against the strength of the identification evidence going through the **ADVOKATE** factors: * Amount of time * Distance * Visibility * Obstruction * Known * Any reason to remember * Time lapse * Errors 3) Link back to s 78 – **discretionary power** * The admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it 4) **Turnbull** – would you direct the court to give a Turnbull warning? * Where case rests wholly / substantially on identification of D * Warning = a direction in relation to how the jury should assess the weight of the ID evidence

Question 32

Jurisdiction / allocation hearing

Answer 32

1) **The offence ** * If prosecution: outline the facts * If defence: my learned friend has outlined the facts, I will respond to their submission Previous convictions? 2) **Sentencing powers ** * In deciding whether to accept / reject jurisdiction, the court must consider the adequacy of its sentencing powers * State court’s sentencing powers * Max 12 months for single either-way offence and also for 2 or more offences 3) Go through the **relevant sentencing guidelines** and consider the **starting point** for the sentence and the range that applies Thresholds: * Custodial – *not unless offence SO SERIOUS* that neither a fine nor community sentence can be justified * Community order – *not unless offence SERIOUS enough* to warrant order 4) **Statutory aggravating and mitigating factors** – court takes into account when considering if sentencing powers are sufficient 5) Refer to **allocation guidelines** and expand where relevant: * Whether a sentence is clearly *in excess of MC powers is likely*, OR * For reasons of *unusual legal, procedural or factual complexity* which means that sending to CC would be more appropriate 6) Magistrates’ court to accept: * Submit that the court’s sentencing powers are adequate, and it should therefore accept jurisdiction * Can always send case to CC for sentencing if necessary 7) Commit to Crown Court: * Submit that the court’s sentencing powers are inadequate for other reasons (complexity) | Only Serious Guys Face Grim Magistrates' Choices ## Footnote OSCFAMC

Question 33

Witness summons

Answer 33

1) **Promptness** * “Must apply as soon as practicable after becoming aware of the grounds for doing so” 2) The application – when you make your application, you must **identify the proposed witness**, and **explain**: * What evidence they can give or produce * Why it is likely to be material evidence (of the offence) * Why it is in the interests of justice to issue a summons

Question 34

Arrest warrant

Answer 34

1) **Promptness** * “Must apply as soon as practicable after becoming aware of the grounds for doing so” 2) The application – when you make your application, you must **identify the proposed witness**, and **explain**: * What evidence they can give or produce * Why it is likely to be material evidence (of the offence) * Why it is in the interests of justice to issue an arrest warrant

Question 35

Special measures

Answer 35

1) In order to qualify for special measures, a **2-stage test** must be considered: * Is the witness eligible for special measures on the grounds of vulnerability or intimidation? * Would any of the special measures available (or any combination of them) be likely to improve the quality of evidence given by the witness? (discretionary) 2) If **vulnerable** witness: * Under 18 at time of trial automatically eligible * With mental disorder, significant impairment of intelligence, physical disability (where the court considers that the quality of evidence is likely to be diminished as a result) * All adult complainants of domestic abuse * Involved with proceedings concerning a violent offence e.g. sexual offences (& knives / gun?) 3) If **intimidated** witness: In fear or distress about giving evidence * Court MUST consider statutory factors Or if the court is **satisfied that the quality of evidence given by the witness is likely to be diminished by reason of fear or distress** on the part of the witness **in connection with testifying** in the proceedings, they are eligible for the following special measures: * Screens * Live link * Evidence given in private * Removal of wigs and gowns * Video recorded interview 4) **Suggest** which special measures or combination of special measures are appropriate * Screens * Live link * Evidence given in private * Removal of wigs and gowns by judges and barristers * Intermediaries * Aids to communication Make sure to cover: * Why the measure is being sought * How it will enable best evidence * Any views expressed by the witness 5) **Promptness** * Application should be made as soon as reasonably practicable and in the MC at first hearing where a not guilty plea is anticipated * Not more than 20 business days after D pleads not guilty in MC, OR * Not more than 10 business days after D pleads not guilty in CC

Question 36

Factors the court MUST consider re intimidated witnesses

Answer 36

* **D**omestic and employment circumstances of witness * **I**ntimidating behaviour towards witness by D / D’s associates * Any **r**eligious beliefs or political opinions of witness * **S**ocial and cultural background and ethnic origin of witness * Ability to understand the **c**onsequences of giving evidence in court rather than via a pre-recorded video statement * Any **v**iews expressed by witness and any other factors the court thinks relevant * **A**ge and maturity of witness * **N**ature and circumstances of offence ## Footnote DIRSCVAN

Question 37

List of possible special measures for witnesses

Answer 37

1) Screens (section 23 YJCEA) 2) Live link (section 24 YJCEA) which can in some circumstances include live link for witnesses outside of the UK 3) Evidence given in private (section 25 YJCEA) 4) Removal of wigs and gowns by judges and barristers (section 26 YJCEA - i.e. for children and vulnerable adults). 5) Video Recorded Interview (section 27 YJCEA) 6) Pre-trial recorded cross-examination (section 28 YJCEA) - (i) available for all vulnerable witnesses; (ii) for intimidated witnesses restricted to victims of sexual offence or modern slavery. 7) Intermediaries (section 29 YJCEA) 8) Aids to communication (section 30 YJCEA) * include computers, voice synthesisers, symbol boards and books

Question 38

Special measures - intimidated witness

Answer 38

* Witnesses who are in fear or distress about giving evidence. * All adult complainants of domestic abuse * Witnesses involved in proceedings (whether victim or not) concerning a violent offence - sexual offences, offences under Modern Slavery Act 2015.

Question 39

Submission of no case to answer

Answer 39

Galbraith test: 1) If *NO evidence* that crime alleged has been committed by D, **judge will stop the case** 2) Where the judge concludes that *P’s evidence, taken at its highest, is such that a properly directed jury could not properly convict on it*, the **judge must stop the case** 3) Where the strength or matter of P’s case is *generally a matter for the jury to consider* (e.g. reliability of witness), the **judge should allow the matter to be tried by the jury if there is evidence on which a jury could properly come to the conclusion that D is guilty**

Question 40

Youth Court: submissions on 'grave crimes'

Answer 40

1) **Define grave crime** * Serious offence * for which the sentence is not fixed by law, and * is punishable with imprisonment for *14 years or more* * for an *adult offender aged 21 years or over* 2) For grave crimes, court has power to decide whether to send case to CC or retain jurisdiction in YC **Test = whether there is a real prospect that a sentence in excess of 2 years’ detention will be imposed** * Not merely a theoretical possibility * First time offenders between 12-14 and all offenders under 12 should not receive a custodial sentence * Generally, those under 18 should be tried in YC with CC reserved for most serious cases * Unusual feature of case which justifies YC declining jurisdiction? * Consider whether youth is deemed to be a ‘persistent’ offender

Question 41

Youth Court: submissions on the 'interests of justice' when an adult and youth are jointly charged

Answer 41

The youth must be tried separately in YC UNLESS in the interests of justice to be tried jointly Example factors (MAGIC): * Lack of maturity * Age & age gap between youth and adult * Lack of previous findings of guilt * Whether separate trials will cause injustice to witness or to case as whole * Relative culpability of youth compared with adult and whether alleged role played by youth was minor

Question 42

Youth Court: sentencing

Answer 42

1) **State the offence ** * Do / do not dispute the category? 2) Remind court of **overarching sentencing principles** – consider (PLAWS): * Principal aim of preventing re-offending * Welfare of youth * Age of youth * Seriousness of offence * Likelihood of reoffending 3) **Seriousness, culpability and harm** * Sentence must be proportionate to seriousness, considering culpability and harm * While seriousness will be the starting point, the approach to sentencing should be individualistic and focused on the youth, as opposed to the offence 4) **Sentencing guidelines** – the Sentencing Children and Young People * Court MUST follow relevant guidelines What category offence? * Set out appropriate range of sentence based on category * Guidelines then provide a starting point and range for each category 5) **Identify starting point, range of sentences and thresholds** * Starting point for offence is ... but bracket does range ... * Range of sentences * Custodial – SO SERIOUS * Community order – SERIOUS ENOUGH 6) **Aggravating and mitigating factors** * Same as above (for adults) 7) If multiple offences, refer to **totality principle** and concurrent offences * Same as above (for adults) 8) If guilty plea, remind court of **mitigation** * Same as above (for adults) 9) **Propose appropriate sentence** * Custodial sentence = LAST RESORT for youths * Referral orders * Youth rehabilitation orders | SOSGIATMA ## Footnote *Sentencing Our Small Guys In Fairly Means Making Alternatives*

Question 43

Youth sentences

Answer 43

1) Referral orders * Offender to attend meetings of youth offender panel & comply with programme of behaviour (youth is in a form of contract). * Min 3 months, max 12. * Only for a guilty plea. (a) Mandatory → youth not previously convicted & pleads guilty to imprisonable offence & any other connected offences. (b) Discretionary → offender on second/later conviction and/or offender pleads G to an offence/connected offence (need to be punishable by imprisonment). (c) Cannot be given where sentence is fixed by law, court feels an absolute/conditional discharge is justified, making hospital order, custody is only correct disposal. 2) DTO (custodial sentences) → where offence is so serious * Not on anyone aged 10/11 or 12-14 unless PYO. * Max 24 months, min 4. * Can be imposed by CC. * Community alternatives include intensive supervision/surveillance, fostering requirement. * Possible long-term detention for grave crimes. * Dangerous offenders can be sentenced to extended detention/detention for life. * Min 12 years mandatory sentence for murder. 3) YRO (community orders) * Equivalent to a suspended sentence for an adult. (a) “serious enough”. * Note - unpaid work & residence requirements for 16 and 17 y/o only.

Question 44

Youth sentencing mnemonic

Answer 44

*Sentencing Our Small Guys In Fairly Means Making Alternatives*

Question 45

Special measures mnemonic

Answer 45

This Very Issue Supports Protection

Question 46

Jurisdiction hearing mnemonic

Answer 46

Only Serious Guys Face Grim Magistrates' Choices

Question 47

ID evidence - weak quality mnemonic

Answer 47

Observed Anyone? Doubt that

Question 48

Hearsay exclusion mnemonic

Answer 48

Don't Use Suspicious Utterances

Question 49

Propensity (D) mnemonic

Answer 49

Evidence Helps Prove Similar Intent

Question 50

Mandatory factors for court to consider when determining whether 3 big grounds met

Answer 50

* **N**ature and seriousness of offence, and likely sentence * **C**haracter and antecedents (previous convictions) of D * D’s **a**ssociations and community ties * D’s **b**ail history * **S**trength of evidence | SBANC

Question 51

Secondary grounds re indictable offences - D need not be granted bail if...

Answer 51

1. **C**ommitted current offence while on bail 2. **H**arm to associated person (substantial grounds to believe) 3. **O**wn protection 4. **D**o not have sufficient info (not practicable) 5. **A**rrested for absconding / breaching bail 6. **A**lready serving custodial sentence | CHODAA

Question 52

3 catch all things re bail ground

Answer 52

1. Fail to surrender 2. Commit offence 3. Interfere with witnesses or obstruct course of justice

Question 53

Summary only imprisonable - need not be granted bail if...

Answer 53

1. **C**atch all 2. **O**wn protection 3. **D**on't have sufficient info 4. **C**urrent offence committed on bail 5. **A**lready serving 6. **P**revious failure to surrender 7. **S**ubstantial grounds to believe they would commit offence likely to cause / fear mental or physical **i**njury | CODCAPSi

Question 54

Summary only non-imprisonable - need not be granted bail if...

Answer 54

1. **P**revious failure to surrender 2. **A**lready serving 3. **G**ranted bail already in proceedings but arrested for failing to answer / breach of condition & court thinks D would again commit catch all 3 4. **O**wn protection or under 18 | PAGO

Question 55

Which grounds does the restriction (i.e. 18+, not convicted & no real prospect of custody) apply to?

Answer 55

* Big 3 * Offences committed on bail * Arrested for absconding

Question 56

Defence's specific disclosure app

Answer 56

1. Identify material sought 2. Test (i.e. reasonable cause) 3. Why it meets the test

Question 57

When will defence speak first

Answer 57

E.g. confession exclusion

Question 58

How to start submission if speaking second e.g. as respondent in DR or defence in crim

Answer 58

* May it please the court…. * I appear on behalf of the defendant * I'm grateful to my friend for setting out the prosecution’s position in relation to …[the application] * and for setting out the factual background. * I do not propose to add anything to those facts Judge, unless I can assist the court further on any aspect?