Legal Drafting - CLP

Question 1

Only when can D appeal to CC against bail condition?

Answer 1

1. the magistrates’ court has decided an application by the prosecutor or defendant to vary bail conditions; and
2. the condition is one that the defendant must:
   (i) live and sleep at a specified place (or away from a specified place),
   (ii) give a surety or a security,
   (iii) stay indoors between specified hours,
   (iv) comply with electronic monitoring requirements, or
   (v) make no contact with a specified person.

Question 2

Structure of app to exclude prosecution evidence

Answer 2

1. ‘This is an application by…’
2. Describe evidence to which you object (heading w name of piece of evidence as it appears in bundle, can quote WS directly or object to piece of evidence in its entirety)
3. Reasons for objecting (piece of evidence, statuts + BOP, facts & submission of legal test to facts)
4. Reasons for any extension of time if required

Question 3

Witness statement opening statement

Answer 3

• This statement (consisting of pages) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.
• I make this statement knowing that it may be given in evidence

Question 4

Structure of defence statement

Answer 4

1. Plea and charge
2. Nature of accused’s defence incl. any particular defences
3. Matters of fact on which D takes issue with P
4. In case of each, why D takes issue with P
5. Particulars of the matters of fact on which D intends to rely on for defence
6. Any point of law (incl. re admissibility / abuse of process) which D wishes to take & any authorities D intends to rely on for that purpose

Question 5

Bail app to MC to reconsider police bail

Answer 5

1. Alleged offence
2. Police bail decision
3. Reasons for app
4. Proposed condition(s) of bail

Question 6

Notice of app for court to consider bail

Answer 6

1. Previous bail decision(s)
2. Reasons for app
3. Proposed condition(s) of bail

Question 7

D’s app to appeal to CC after MC bail decision

Answer 7

1. Alleged offence(s)
2. MC bail decision
3. Reasons for app
4. Proposed condition(s) of bail

Question 8

Notice to introduce bad character evidence

Answer 8

1. Set out facts of misconduct
2. How you will prove the facts
3. Reasons why evidence is admissible
4. Reasons for any extension of time

Question 9

Objection to / notice to exclude bad character evidence

Answer 9

1. Set out facts of misconduct in dispute
2. What, if any of the facts the party admits instead
3. Reasons for objecting
4. Reasons for any extension of time

Question 10

Hearsay app structure

Answer 10

1. Details of hearsay evidence
2. Facts on which you rely (if any) and how you will prove them
3. Reasons why the hearsay evidence is admissible
4. Reasons for any extension of time

Question 11

Notice to exclude hearsay evidence

Answer 11

1. Facts in dispute
2. Reasons for objecting
3. Reasons for any extension of time

Question 12

D’s app for prosecution disclosure - structure

Answer 12

1. What material do you want the prosecutor to disclose?
2. Why do you think the prosecutor has the material?
3. Why might the material a) undermine P’s case against D, or b) assist D’s case?
4. Do you want the court to arrange the hearing of this app? If yes, why