FOR ADVOCACY Flashcards
What is the best way to open/ introduce your submissions to the judge?
“My name is Catherine, I am here to represent the defendant, [defendant name], in relation to this matter.
I would like to address the court in relation to 3 matters;
firstly….
secondly…
thirdly…
Starting with the first point”.
What does s78 of PACE (Police and Criminal Evidence Act) provide?
Any evidence / circumstances that has an adverse effect on the fairness of proceedings should be excluded.
EG- blanket cover all.
How should you sum up your submissions to the court?
“Judge, unless I can assist you further, those are my submissions”.
Should you highlight the weaknesses in your case, and strengths in the prosecutions case?
Yes, highlight it and then explain why it is not applicable within your submissions. Or why it is mitigated by another factor that you will discuss.
Where should you use “the prosecution submit”?
Where you are distinguishing the prosecutions argument from your own.
Eg : “The prosecution submit X, however”
Under which section in PACE is a defendant entitled to legal advice within 36 hours of the relevant time (booked into custody)?
S58 PACE.
NB- if the defendant is told that receipt of legal advice will likely cause them to be in custody longer- this can be a breach of s58 of PACE.
It is best practice to offer a defendant legal advice via DSCC if in person advice is going to take a significant amount of time.
Which section of PACE indicates that a defendants confession is to be excluded if it has been obtained as a result of oppression?
s76 of PACE
- confessions obtained by oppression, in circumstances where they are likely to be unreliable, should be excluded - AS IT WOULD RESULT IN AN UNSAFE CONVICTION.
In what case was the nature of “unreliable” in confessions considered?
R V Fulling - it was noted that “unreliable” could mean confessions obtained by inducement (promise of bail) or hostile or aggressive questioning.
What is one trick you can use for the judge to accept jurisdiction in the magistrates?
You can advise that if after trial, the judge does not think their sentencing powers are appropriate they can commit the matter to the crown court.
How should you always end application for bail?
By presenting a bail package. EG- Judge if you do not agree with the presumption of automatic conditional bail here are some conditions you may consider.
