Drafting - Criminal Scenarios Flashcards
Legal Aid Form - It is likely that I will lose my liberty if any matter in the proceedings is decided against me
You may have sentencing guidelines provided to indicate likely sentence.
Any previous convictions may be important.
Remember to emphasise any aggravating factors - goal here is to make the offence eligible for legal aid
Legal Aid form - I have been given a sentence that is suspended or non-custodial. If I break this, the court may be able to deal with me for the original offence
You can see from the defendant’s previous convictions whether they are currently subject to a Community Order or a Suspended Sentence.
If so, provide the details here.
Committing an offence whilst subject to a court order is an aggravating factor which makes loss of liberty more likely.
Legal Aid Form - It is likely that I will lose my livelihood
Look here for any instructions regarding employment + possible loss of employment if incarcerated
Legal Aid Form - It is likely that I will suffer serious damage to my reputation
If the defendant doesn’t have any convictions of the type they are currently faced with, you may be able to argue they will face serious reputational damage, especially if they are of good character
Legal Aid Form - A substantial question of law may be involved
If there is going to be legal argument about the admissibility of evidence or ambiguity on the law, e.g., the defendant may need a solicitor to do this on their behalf.
Legal Aid Form - I may not be able to understand the court proceedings or present my own case
Are there any factors to indicate the defendant may need help to understand what is going on?
Can they read, for example, or do they have any special needs?
Legal Aid Form - Witnesses may need to be traced or interviewed on my behalf
Is there any indication on the papers provided that the defendant may want to call witnesses, particularly anyone not associated with the defendant?
Legal Aid Form - The proceedings may involve cross-examination of a prosecution witness (whether an expert or not)
Expert cross-examination may be required for various kinds of prosecution evidence.
Consider testing the quality of an eye witness’ account, or challenging an expert witness’ view, or challenging a complainant’s account in a domestic violence case, as examples
Legal Aid Form - It is in the interests of another person (such as the person making a complaint or other witness) that I am represented
It will generally be in the complainant’s interest for the defendant to be represented by a solicitor if the case involves offences of a sexual or violent nature
Legal Aid Form - Any other reason
Include anything you think might be relevant not included elsewhere on the form
What must a Defence Case Statement (also known as a Defence Statement) include?
- The nature of the defence, including any defences
- The matters in issue between the prosecution + the defence
- Why the defence takes issue on these matters
- Any points of law, including arguments on the exclusion of evidence,
- Details of any witnesses the defence intends to call
What would be needed when drafting the grounds of appeal?
- Summary of Application
- Facts
- Law
- Grounds
Grounds of appeal - what would you include in the Summary of Application section?
Set out the background to how the case comes to be before the court, including the details of the conviction, the sentence and the grounds of the appeal.
What is an example of what might be included in the Summary of Application section if drafting grounds for appeal?
On day/month/year in NAME OF COURT, DEFENDANT’S NAME was convicted of criminal damage.
He was sentenced to SET OUT SENTENCE. He seeks leave to appeal his conviction on the grounds that his conviction is unsafe, for the following reasons: (1) the judge misdirected the jury on SET OUT THE NATURE OF THE MISDIRECTION
Grounds of appeal - what is included in the facts section?
Set out the background facts briefly.
This section should be balanced + unbiased - both parties should be able to agree all the content in this section.
Include the key details of the relevant investigation/court process, and the factual basis that gives rise to the appeal
