Grounds To Include In Each Submission -Criminal

Question 1

Opposing Bail

Answer 1

Substantial grounds for believing that the defendnat will:
fail to surrender
commit an offence
interfere with witness

take into consideration factors:
nature and seriousness of offence
character of defendnat
associations and community ties
bail history
strength of evidence

Question 2

Request for Bail

Answer 2

Cite the PRESUMPTION of bail and exceptions

show that there are NOT substantial grounds for:
failing to surrender
commit an offence
interfere with witness

go through whatever was made for opposition and prove wrong

imply conditions of necessary: surety, security, curfew, non communication, reporting

Question 3

Exclude Confession Evidence

Answer 3

S 76, discretion
oppression
unreliability

s 78
adverse effect on the fairness of the proceedings that the court ought not to admit it.

Question 4

Inclusion of bad character evidence

Answer 4

Is it admissible?

S101(1)(a)-(g): all parties agree, adduced by D themselves, important explanation evidence, relevant issue in dispute (propensity), substantive probative value, correct false impression, attack on another.

S 78 - adverse impact on the fairness of hte proceedings, court ought to exclude

breach - substantial and significant breach of PACE or codes of conduct?

R v Hanson 2005 : D history does not show propensity to commit offences.

Question 5

admit hearsay evidence

Answer 5

Admissible if s 114:
statutory provision
where witness is unavailable
business document
inconsistent statements
s 118 confession.
All parties agree
court is satisfied its in the interests of justice for admissibility

part 20:
only for if interest of justice, witness unavailable, multiple hearsay or s 117 written witness statement.
Procedural rules to follow. Notice must be given using prescribed forms. Court wll impose time limits

Question 6

no case to answer application

Answer 6

Prove that CPS has not met the grounds needed for evidential burden.

If prosecution has failed to put forward evidence to prove an essential element of alleged offence

evidence by prosecution has been so discredited by cross-examination, or it is SO MANIFESTLY unreliable, that no reasonable tribunal could safely convict on it.

Question 7

plea in mitigation

Answer 7

Likely sentence

offence - address circumsntcae of offence, minimise any aggravating factors and stress importance of mitigating circumstnaces

emphasise any personal mitigation : early plea reduction, totality, etc.

suggested sentence which would be most appropriate.

Question 8

Appeal of Conviction / Sentence

Answer 8

Show conviction or Setnence is wrong

M - CC : error of law, excessive sentence

M - H : magistrates outside jurisdiction

CC - COA : unsafe, serious abuse of power. Wrong in law/manifestly excessive

Question 9

Interests of Justice, what to include to argued to exclude/include hearsay evidence

Answer 9

S 114(2)

The probative value of the statement (probability of reaching its proof purpose)
What other evidence there is available
If it it important as the matter as contact as a whole
Circumstances that statement was made
How reliable the maker of the statement is
If oral evidence can be given
The difficulty to challenge the statement
The extent of that difficulty prejudicing the party

Question 10

Making a jurisdictional application

Answer 10

Seriousness of conviction
Straightforward case, no complex issues

Sentencing guidelines, reduce culpability etc

Personal mitigation

Question 11

Exclude bad character evidence

Answer 11

Argue with their case, reducing the validity of their thoughts

101(3) - for (d) and (g) (relevant issue between the D and P, and attack on ones character) - such adverse impact on fairness of proceedings.

103(3) - for (d) only, conviction is spent, therefore cannot argue propensity