Criminal Practice Flashcards
Language used in a bail appeal notice
The language used in a bail appeal notice is primarily:
* Third person: The defendant is referred to as “the defendant” or “he/she”
- Present tense, with some use of the past tense:
o Present tense is used for ongoing facts and current circumstances (e.g. “he is anxious to attend court”, “he has community ties”, “he claims that it must’ve been done by someone with a grudge”).
o Past tense is used for past events (e.g. “he was with his girlfriend” , “bail was refused”, “the property was spray painted”).
Language used in a criminal defence statement
The language used in a criminal defence statement is primarily;
- Present Tense, especially when describing
o The nature of the defence (e.g. “The defendant is raising an alibi defence”).
o Issues taken with the prosecution’s case (e.g., “The allegation that the defendant threated the complainant is incorrect”).
- Past Tense, when describing past events
o (e.g. “the confession was made”, “the offence occurred on 15th December 2024”).
- Third person
o The defendant is referred to as “the defendant” or “he” or by name ( “Gary Paulson”).
Common phrases used in a criminal defence statement
Introductory/Structural:
* “The defendant is raising an alibi defence…”
* “This notice is opposed because…”
* “The quality of the identification will be challenged under the Turnbull guidelines…”
Fact-based denials:
* The allegation that …….
* “The complainant is incorrect in his allegation that…”
* “The witness is mistaken in his identification of the defendant…”
* “The defendant was at his home address at the time…”
Legal challenges:
* “The admissibility of the confession will be challenged under ss 76(2) and 78 of PACE…”
* “This conduct was a serious and substantial breach of PACE Code C…”
* “The conviction is opposed under s 103(3) of the Criminal Justice Act 2003…”
* “It would be unfair/prejudicial to admit this evidence…”
Alibi details:
* “The defendant was at [address] at [time] on [date].”
* “The witness who can confirm the alibi is [name], born [DOB], residing at [address].”
