PLEA FOR VENUE KEY FACTS

Question 1

How is a plea for venue best handled?

Answer 1

1. Reviewing defendants wishes. If in doubt, choose the lower court.
2. Reviewing the sentencing advice for the offence in question to see which court has powers to handle.
3. Make submissions to the court about their appropriateness to handle the trial by referring to the sentencing band guidelines.
4. Remind the court that after trial, if they feel their sentencing powers are not enough they can always commit the defendant to a higher court for their sentencing.

Question 2

What is a default ground in which you can submit to the court to exclude evidence?

Answer 2

Under s78 pace - submission of the evidence would have an adverse effect on the fairness of proceedings.

Question 3

What is the ground where you submit to the court to exclude confessions?

Answer 3

Excluding confessions under s76 of PACE where:

1. Confession has been obtained as a result of oppression.
2. Anything said or done likely to render the confession unreliable and therefore unsafe.

Question 4

How can you convince a lower court to hear your clients trial?

Answer 4

By assuring them that after trial, if they feel their sentencing powers are not enough they can commit the defendant to a higher court for sentencing.