Criminal

Question 1

example intro plea in mitigation

Answer 1

I shall begin by addressing the circumstances of the offence, I shall then provide you with details of Mr Davies’s personal circumstances, before concluding by addressing the requirements of the community order which I hope to persuade you to impose.

Question 2

GROUNDS for bail to be refused?

Answer 2

(D remind judge at start that you should grant bail unless)

substantial grounds for believing:
○ fail surrender (abscond)
○ commit an offence; and/or
○ interfere w witness or otherwise obstructing course of justice

Question 3

Conditions impose bail

Answer 3

1. Curfew
   
   2. Surrender passport
   3. Report police station
   4. Not contacting victim
   5. Deposit (ie security) or surety
   6. Residence
   7. Restriction on entering

^ can get creative with these - look at client’s instructions and make sure any conditions comply with instructions

• eg don’t suggest security if don’t have money

E.g. purple aki must not go up to men and touch their muscles

Question 4

Factors relevant to whether bail should be granted?

Answer 4

• Nature and seriousness of the offence
  (custodial sentence likely?)
• Character, antecedents and community ties of D
• Record respect previous grants of bail?
• Strength of evidence against D

Question 5

2 stages defence must follow bail application

Answer 5

1. counter grounds/minimise risk(s) raised by CPS

(e.g. risk absconding - CPS evi weak/past record/low likelihood custodial sentence)

2. suggest conditions

Question 6

How to start a bail application on part of CPS and defence

Answer 6

CPS

“Judge, the Prosecution make this application that ___ be remanded into custody during the currency of these proceedings.”
or “Sir, the prosecution oppose bail because…:

“I will argue that there are (two) grounds on which ___ should be refused bail: firstly, that there are sub grounds or believing ___ and secondly ___ “

“because, if released on bail, there are substantial grounds for believing….”

Defence

“Sir, I wish to apply for conditional bail on behalf of Mr ___ . Any concerns that you have regarding ___ and ___ can more than adequately dealt be dith by granting conditional bail”

Question 7

How to end bail application for CPS

Answer 7

“Sir, for the reasons that I have outlined the prosecution oppose bail being granted to the defendant and invite you to remand the defendant in custody for seven days.”

Question 9

Phrase to end submissions (before unless I can assist further) where acting for defence and proposing bail or if not, conditional bail

Answer 9

For the reasons that I have outlined, I do not consider that the prosecution have established substantial grounds for believing that Mr Davies would obstruct the course of justice. However, if you should have any concerns with regard to this, I would submit that any such concerns may be addressed by imposing a condition that

Question 10

How to end criminal application?

Answer 10

Sir, unless I can be of any further assistance, those are my submissions.

Unless, Sir, you have any questions, that concludes my submissions on behalf of Mr

Question 10

Wording to tell judge of right to bail if acting for defence at start of application?

Answer 10

(not 100% sure if need to include)

Judge, I must remind the court that you should grant bail unless there are substantial grounds for believing he will fail to surrender or commit an offence whilst on bail.

Question 11

Plea in mitigation starting paragraph

Answer 11

Sir, I understand from your legal advisor that you have had the opportunity to read the pre- sentence report prepared by the Probation Service.

Question 12

5 purposes of sentencing

Answer 12

1. the punishment of offenders;
2. the reduction of crime (including its reduction by deterrence);
3. the reform and rehabilitation of offenders;
4. the protection of the public; and
5. the making of reparation by offenders to persons affected by their offence.

Question 13

Phrases for goals of sentencing / against custodial sentence if act for D - plea mitigation

Answer 13

I would submit that the imposition of an immediate custodial sentence, whilst achieving
the goal of punishing Mr __, would not prevent Mr __ from re-offending.

You will be aware Sir that many offenders who receive prison sentences offend again because prison fails to address the root causes of their offending.

Question 14

Wording for where suggest suspended sentence in plea mitigation defence

Answer 14

Sir, should you feel that a community sentence is inappropriate then perhaps a suspended sentence would be appropriate.

In imposing such a sentence you can make a [supervision order and an alcohol treatment order].

Should Mr Davies re-offend or fail to comply with the terms of the suspended sentence then he knows that a custodial sentence is inevitable.

This would satisfy need to punish Mr D but also need to prevent him reoffending.

Question 15

Conclusion plea in mitigation defence where suggesting adopt pre-sentence report

Answer 15

Those are my submissions, Sir. If there is any aspect of Mr Carlisle’s case that I have not addressed fully, please do not hesitate in raising it, Sir, and I will address it.”

Sir, in conclusion, I would urge you to adopt the sentence recommended by Mr __ in
his report, namely a community sentence incorporating a supervision requirement and an alcohol treatment requirement.

In addition Mr Davies is in a position to make a payment of compensation to Mr Bennett.

Question 16

Structure for plea in mitigation

Answer 16

1. Identify likely sentence
2. Offence mitigation
   - acknowledge offence
   - minimise aggravating
   - emphasise mitigating
3. Personal mitigation of offender
   - use client’s statement, any medical evidence and pre-sentence report
   - NOT A SOB STORY
4. Suggest realistic sentence and give reasons
   - could go with any views expressed in PSR
   - remind Court of any credit for guilty plea
   - Refer back to purposes of sentencing

Question 17

Where guilty plea made early, what should u say and when in plea mitigation?

Answer 17

Sir, I will start my mitigation with reminding the court of potentially Mr C’s best mitigation in that he has now just pleaded guilty.

Question 18

Wording for where going to second arm of defence

Answer 18

Even if you are not with me on this point, Sir, t

e.g.
Even if you are not with me on this point, Sir, the starting point for this offence if you take the same initial view that you did at the allocation hearing is a high level community penalty.

If you are not with me on my submissions, Sir, and do feel that this offence does pass the custody threshold, I would ask that any such prison sentence be suspended

Question 19

Wording where D been in prison and don’t wanna go back

Answer 19

These last four days have been a salutary lesson to him.

Question 20

Wording where dependent wants to benefit society

Answer 20

Mr C now wishes to prove to the court, Sir, that he is worthy of redemption and that he can be a benefit to society. He believes that he can do that by undertaking the unpaid work that is suggested by __ in PSR

Question 21

Factors relevant to whether interests of justice to send youth to Crown Court if adult jointly charged

Answer 21

• whether separate trials will cause injustice to witnesses or to the case as a whole
• the age of the child or young person: younger = greater desirability tried in the youth court;
• the age gap between the child or young person and the adult: a substantial gap in age militates in favour of the child or young person being tried in the youth court;
• lack of maturity of the child or young person;
• relative culpability of the child or young person compared with the adult and whether the alleged role played by the child or young person was minor;
• the lack of previous convictions of child or young person.

Question 22

how to end defence submission allocation

Answer 22

For those reasons, I would ask the court to accept jurisdiction

Question 23

how to start allocation application

Answer 23

Sir, It is the submission of the ___ (on behalf of Mr ___ ) that this offence of assault occasioning actual bodily harm falls within the lowest category of culpability C and the lowest category of harm 3 within the guideline.

Question 24

how many weeks is 6 months? (allocation purposes)

Answer 24

26 weeks is 5.9 weeks

27 weeks

Question 25

Does

A) bad character evidence

B) adverse inferences

need to be substantiated by other evi to go before jury?

Answer 25

Yes - would need to other evi if just relying on one of those to prove guilt

Question 26

How to start application to exclude confession?

Answer 26

Judge, my name is ___ from _____ LLP. I act for the Defendant, ____ .

This is her application to exclude the confession which she made involuntarily at the end of her police interview. I understand you have a transcript of the police interview?

Question 27

Tip: after saying facts for oppression/unreliability - you could say “Judge, these submissions also constitute the second ground” instead of repeating them.

instead of repeating self

Question 28

Bad character evi - what could u say about propensity untruthful where D disbelieved when not guilty plea

Answer 28

Being disbelieved once by the court X years ago does not demonstrate a propensity to be untruthful. Even if does, cannot be said that makes more likely than committed current offence.

Admitting such adverse effect that ought not to admit it.

The prosecution are not alleging that she ran the same defence of [] X years ago. The evidence of the theft conviction which is SPENT would be more prejudicial than probative.”

Question 29

Wording CPS grounds bail likely commit further offences

Answer 29

(refer to the offence charged). There is nothing to suggest that he would not repeat this if bailed.

Question 30

Wording plea mitigation against imposing custodial sentence cos doesn’t resolve reoffending

Answer 30

You will be aware Sir that many offenders who receive prison sentenced offend again because prison fails to address the root cause of their offending.

Question 31

How to end allocation submissions as CPS

Answer 31

Therefore, the prosecution submit that the court should decline jurisdiction and send this matter to the Crown Court for trial.

Unless I can assist further, those my subs.