Criminal drafting Flashcards
Defence statement
In defendants own words
Particulars of the defence - what the defence is
Indicate matters of fact you take issue with prosecutor : the specific issues
Set out the particulars of the matters of fact - the specific evidence of the DEFENCE> eg, raising alibi that he was in a different location at this time.
Indicate point of law , including admissibility or abuse of process- any breaches
Defendants application for bail
Reason for application : set out the facts, make as many arguments as possible
Proposed conditions
Hearsay notice
Choose the CORRECT GREOUND if not sure, use interests of justice
Details of hearsay evidence
Facts in which you reply, and how you will prove them # explain why witness cannot attend etc,
Reasons why hearsay is admissible - the relevant statute , explain reason to the relevant ground
If notice is served late, explain why, it should be served 20 business days before trial
Defendants bad character or previous convictions
Identify relevant grounds
Facts of the misconduct (not the statutes)
How you will prove those facts if in dispute
Reasons why evidence is admissible
Witness statement
Introduction of who witness is
Relationship with defendant
Necessary information a from the interview
be in first person, no law, just evidence. no opinion, say “i believe he was drink”, but don’t say D was drunk.
Witness summons
Witness can give the following evidence
Explain who witness is, relationship to complainant, and what he will give evidence on
Evidence likely to be material to what it is inside in the case.
Taken following steps to obtain attendance, but witness will next attend without summons
I have made this application as soo as reasonably practicable, because… explain delay
basis of plea
magistrates court etc
the D pleads guilty to the offence, on the following basis:
accepted facts
not accepted facts.
remorse.
oppose the rejection of bail
alleged offence: state the offence and damage
magistrates court bail decision: date, refused, second application, refused, on grounds of…
reasons for application:
identify each of the grounds and show that it is not applicable.
proposed conditions for bail.
hearsay evidence application
tick the boxes of the grounds to introduce hearsay. can be more than one.
describe and identify the documents you want to include
include any ID number if you have got it
factors on which you rely: any facts to make the evidence admissible. eg - what makes it a disputed and pivotal evidence to the case? in terms of FACTS.
for example: an unknown person witnessed… he noted down the registeration number and gave it to another witness. this wtness then handed it in.
THEN: reasons why hearsay is admissible in law, wiht reference to CJA 114 etc.
if served late, state reasons why.
application to exclude hearsay evidence
I object to the introduction of the following hearsay evidence…
tick the box that is relevant : if not admissible for reason, or object to the notice.
accept all facts in dispute of wanted.
reasons for objecting: explain why the reasons for including hearsay do not apply, and conditions necessary are not satisfied.
introduce bad character evidence
introduce on the grounds set out in 101… pick one
facts of misconduct: this is if the misconduct is a previous conviction, explain the facts of that conviction, and the circumstances of it.
how you will prove those facts if in dispute: official record/ certificates/ etc - evidence of the misconduct
reasons why the evidence is admissible: through CJA< go through the sections.
exclude bad character evidence
object on the grounds that … tick boxes
facts of the misconduct in dispute: if you have any reaosns for objecting to this misconduct, and facts you admit instead.
eg, admits that they were convicted…
denies that they have a reputation of being drunk, etc
reasons for objection: go trhough why its not admissible through CJA, and why it will be UNFAIR to admit evidence, through 101(3).
