Defence Statement - Drafting

Question 1

Self defence - What would the defence statement need to state?

Answer 1

Need to raise the issue of self defence e.g admitting that they hit them but only because they attacked them first. Once this is raised it is for the prosecution to disprove that the suspect acted in self defence beyond a reasonable doubt. Don’t have to admit any injury caused when acting in self-defence that is up for the prosecution

Question 2

Alibi what to show

Answer 2

Any evidence that shows the defendant in a particular place at a particular time that suggests the defendant was not, or was unlikely to have been, at the place where the offence is alleged to have been committed

Question 3

What will you have to complete - Part 2

Answer 3

This will list the following matters:
a) Outline defence including any particular defences relied on
b) Indicate matters of fact suspect takes issue with prosecution
c) State any matter of fact they wish to rely on for their defence
d) State any points of law they wish to rely on
e) Alibi provide names and address or any information which helps them identify them

Question 4

a) Nature of defence, including any particular defences relied on

Answer 4

If they purport that they were somewhere else at the time of the crime then you need to identify that they are relying on an alibi.

Question 5

a) Nature of defence, including any particular defences relied on - What defences can they rely on

Answer 5

Alibi - they were somewhere else at the time of the crime so it couldn’t have been them, if it is alibi then they will usually dispute visual identification evidence and turnbull guidance). Could also be self-defence or intoxication or loss of control or diminished responsibility if it is for murder

Question 6

a) Nature of defence, including any particular defences relied on - Example wording

Answer 6

All you have to put is ‘Alibi’ or ‘Self defence’

Question 7

b) Indicate matters of fact suspect takes issue with prosecution

Answer 7

Analyse the facts that constitute the offence and identify which are disputes

Question 8

b) Indicate matters of fact suspect takes issue with prosecution - Examples of what they might contest

Answer 8

1) If they state they were somewhere else
2) If the prosecution have evidence that places them at the scene and suspect denies this
3) If the prosecution’s evidence relies on visual identification - if the suspect is stating an alibi then this will involve mistaken visual identification
4) If a confession is untrue

Question 9

b) Indicate matters of fact suspect takes issue with prosecution - Example wording

Answer 9

The allegation that the defendant took 20 bottles of Welsh Whisky from Multisave Stores, Guildford on 15 February 202X at 1.35 p.m. because the defendant had left Multisave Stores at 1.25 p.m

Question 10

b) Indicate matters of fact suspect takes issue with prosecution - Example wording confession

Answer 10

The truthfulness of the confession that the defendant made when questioned by the police about the theft at Guildford Police Station on 15 February 202X because the confession is untrue and was made by the defendant only as a result of the police conducting the interview in an improper manner.

Question 11

c) State any matter of fact they wish to rely on for their defence

Answer 11

After identifying the ‘legal’ nature of your client’s defence in (a) then set out it’s factual basis

Question 12

c) State any matter of fact they wish to rely on for their defence - Example

Answer 12

Again if for alibi then where they were at the time the crime was committed

Question 13

c) State any matter of fact they wish to rely on for their defence - Example wording alibi

Answer 13

All you have to do is state where they were e.g ‘On 15 February 202X at 1.35 p.m the defendant was at 36 Avenue Road, Guildford.’

Question 14

d) State any points of law they wish to rely on

Answer 14

Include, admissibility of evidence or about abuse of process and any authority relied on. E.g:
1) Turnbull
2) Admitting and excluding hearsay
3) Admitting and excluding bad character
4) Excluding confession
5) Excluding under S. 78

Question 15

d) State any points of law they wish to rely on - Example wording challenging admissibility of confession

Answer 15

The admissibility of the confession that the defendant made when interviewed at the Police Station will be challenged under section 76. This is because of the use of oppression and what the interviewing officer, said and did in contravention of Code C that makes the confession unreliable [go on to state why e.g stood over the defendant laughing] Given those significant and substantial Code breaches a challenge will also be made under section 78 because it is unfair to allow the prosecution to rely on the confession

Question 16

d) State any points of law they wish to rely on - Example wording for identification evidence under S. 78

Answer 16

The admissibility of the identification evidence will also be challenged under section 78 because the [identification parade did not consist of at least 8 other people who resembled the defendant in age, height, general appearance and position in life.] This significant and substantial breach of Code D makes it unfair to allow the prosecution to rely on this evidence.

Question 17

d) State any points of law they wish to rely on - Example wording for identification evidence Turnbull

Answer 17

If the identification evidence is held to be admissible, the quality of his evidence will be challenged under the principles set out in R v Turnbull [1977].