Legal Drafting - Criminal

Question 1

For each ground that bail can be opposed, what factors are relevant to that ground?

Answer 1

Failing to surrender to custody:

1. Nature and seriousness of offence
2. Strength of evidence against D
3. Community ties
4. D’s record in respect of previous grants of bail

Commit further offences whilst on bail:

1. Character, antecedents and associations
2. D’s record in respect of previous grants of bail

Interfere with a witness:

1. Associations

Question 2

What needs to be shown for each gateway to admit bad character evidence?

Answer 2

1. Important explanatory evidence = must be difficult/impossible to understand the case without it
2. Important issue between D and P = a propensity to commit similar offences can only be shown by previous convictions in the same category/type of offence
   - If convictions are spent, will not be considered to be an ‘important issue’, even if same/similar
   - Does inclusion of convictions make it more prejudicial than probative?
3. Substantial probative value = used by D to admit bad character evidence of someone else
4. Correct a false impression given by D = if D expressly or impliedly made an assertion about themselves which is false or misleading
5. Attack on another person’s character = used by P if D accuses someone else of having:
   a) Committed an offence; or
   b) Behaved, or is disposed to behave, in a reprehensible way
   - Mere denial of the prosecution’s case does not trigger the use of this gateway

Question 3

What should a witness statement of a defendant include?

Answer 3

1. Headed as a witness statement of the named client
2. Contain facts that constitute their defence
3. Should say no more than is necessary to prevent the drawing of adverse inferences
   => Address D’s presence somewhere/of a mark or any significant statements D has made
4. Should be in D’s own words and signed by D