Advocacy - Criminal Structures

Question 1

What is the structure of a bail application?

Answer 1

1. Introduction
   a) Who you act for
   b) What the application is for
   c) Check the judge has the docs that you will rely on
2. Summarise what the case is about
3. Outline structure
   a) Unconditional right to bail, even if custodial sentence is likely
   b) D’s right to bail hinges on whether any of the three exceptions apply - submit that they don’t
   c) Even if one of the exceptions does apply, submit that it is sufficient for conditions to be imposed on bail
4. Remind the court that bail can only be refused if one of the three exceptions apply
5. Follow structure above
6. Conclusion
   - Summarise submissions
   - Ask Judge to exercise discretion and grant the defendant bail (with conditions)
   - “Unless I can assist the court further…”

Question 2

What is the structure of an application for determining the venue for trial?

Answer 2

1. Introduction
2. Summarise what the case is about
3. Outline structure of application
   - Made on the ground that the MC’s sentencing powers are adequate to deal with this offence
4. Culpability and harm
   - State starting point and range for sentence
5. Consider aggravating and mitigating factors
   - State what the likley sentence will be taking the above into account
   - State that these are within the sentencing powers oif MC
6. Conclusion
   a) Reiterate what the sentence is likely to be
   b) Reiterate why the court should accept jurisdiction
   c) “Unless I can assist the court further, those are my submissions”

Question 3

What is the structure of an application to exclude confession evidence?

Answer 3

1. Introduction
2. Summarise case
   a) Bring in AR and MR of offence
   b) Is the defendant relying on any defences?
3. Outline structure of application:
   - This application is made on the following grounds…
   a) Obtained by oppression
   b) Obtained in circumstances that render it unreliable
   c) Would have such an adverse effect on the fairness of proceedings that it ought to be excluded
4. Remind court of the general rule for the admissibility of confession evidence
   - Admissible insofar as it is relevant
5. Address first two grounds of application
   - Need to demonstrate causation from things said or done/unreliability to the defendant making the confession
6. Remind the court of the standard of proof that needs to be met to include a confession
   a) Prosecution need to prove beyond all reasonable doubt that it was not obtained in such a way
   b) If not, court must exclude it
7. Address final ground
8. Conclusion
   a) Summarise submission
   b) “Unless I can assist you further, those are my submissions”

Question 4

What is the structure for an application to exclude ID evidence?

Answer 4

1. Introduction
   - “This is an application to exclude the identification evidence of the defendant on the ground that it was improperly obtained and should therefore be excluded as it breaches Code D of PACE”
2. Summarise what the case is about
3. Outline structure of application
   a) How ID evidence should have been obtained
   b) How it was obtained
   c) This means court should exercise their discretion to exclude it under s 78 PACE
4. Go through each ground explaining why the evidence was improperly obtained
5. Conclusion

Question 5

What is the structure of an application to admit/exclude hearsay evidence?

Answer 5

1. Introduction
2. Summarise case
3. Outline application
   - What ground are you relying on/disputing to admit/exclude hearsay evidence
4. Outline law surrounding hearsay
   a) Single or multiple hearsay?
   b) General rule = it is inadmissible
5. Explain why the ground for admitting/excluding hearsay is made out
   a) Parties agree
   b) Interests of justice
   c) Res gestae
   d) Confession
   e) Witness is missing
   f) Business document
6. Conclusion

Question 6

What is the structure for a submission of no case to answer?

Answer 6

1. Introduction
2. Summarise the facts of the case
   a) What D is charged with
   b) What the AR and MR of the offence is
   c) Is D relying on any defences?
3. Outline structure of application
   a) Will submit that the defendant has no case to answer
   b) The prosecution have failed to prove beyond all reasonable doubt…
4. Legal grounds for offence
   a) Remind court what the AR and MR of the offence is
   b) Remind court that the prosecution must prove that all the elements of the offence are made out as well as prove the defendant’s guilt beyond all reasonable doubt
5. Why the prosecution have failed to prove the offence in this case
   a) Failed to prove an element of the offence; or
   b) Evidence adduced by the prosecution is so manifestly unreliable that no reasonable court could convict the defendant
6. Conclusion

Question 7

What is the structure for a plea in mitigation?

Answer 7

1. Introduction
2. Summarise what the case is about
   - End with saying that the defendant has been convicted of the offence that they are charged with
3. Outline structure of application
   a) Address what the starting point and range of sentences are for this offence
   b) Consider whether any aggravating or mitigating factors apply
   [c) If D committed multiple offences, why they should be concurrent]
   [d) If D entered an early plea, remind the court that the defendant should be given credit for this]
   e) Will conclude by proposing that an appropriate sentence for the defendant is [x]
4. Go through structure above
5. Conclusion
   a) Highlight key submissions made
   b) Emphasise why sentence proposed would be appropriate
   c) “Unless I can assist the court further…”