Legal Drafting (Criminal) Flashcards
(13 cards)
When drafting a Notice of Application to Consider Bail and are using the template, what should you do with the first page information
For example “Complete the boxes above and give the details required in the boxes below….”
Leave it
Do not alter the template by deleting the text. Imagine this was a paper form being submitted by hand..
Simply fill in each section.
When drafting a Notice of Application to Consider Bail what should be included in the section entitled ‘previous bail decisions’
- Brief details of each relevant previous bail decision
- Include the date
- Include the reasons which the court gave.
When drafting a Notice of Application to Consider Bail what should be included in the section entitled ‘Reasons for the application’
- Why the court should make the order
- Further information or legal argument available since the most recent previous bail decision
When drafting a Notice of Application to Consider Bail what should be included in the section entitled ‘Proposed Conditions’
What condition(s) do you propose ?
If the court decides to impose a condition of residence, what should that address be ?
When drafting a Defendant Application for Prosecution Disclosure what should be included in the section entitled ‘Material You Want The Prosecutor To Disclose?’
List the material you believe should be disclosed by the prosecution.
Do not list the reasons here. List the reasons in the second section entitled ‘Why do you think the prosecutor has that material?’
You discuss (a) why it may underrmine the case against D; or (b) assist D in section 3.
When drafting a Notice to Introduce Hearsay Evidence what should be included in the section entitled ‘Reasons why the hearsay evidence is admissible?’
Here you list your legal analysis, stating the grounds upon which you rely.
For example, business document gateway or common law gateways such as res gestae.
When drafting a Defence Statement for the defendant using the form provided, how should you approach this?
On the first page, there are instructions that remain (a) - (e) that states “attach as many sheets as you need to give the information required”
Used these headings to guide your submissions:
- Nature of Defence
- Matters you take issue with the prosecution
- Matters of fact you intend to rely on
- Points of law you take issue with
- Alibi
When drafting a Defence Statement for the defendant using the form provided, how should you phrase your sentences?
Provide examples….
Use ‘The Defendant”
For example….
“The defendant denies committing robbery by engaging in an altercation outside…. on ….”
“The prosecution relies on the CCTV footage… However…”
“The defendant does not rely on alibi. The defendant admits he was at the location….”
You are drafting a bad character application.
In the first box, ‘facts of the misconduct’ how much detail should you include of the convictions?
Simply list the convictions and include the following:
- Date
- Offence
- Brief details
- Plea
There is no need to use this box to explain why you are relying on it.
For example:
15.05.[10 years ago] Conviction 3
Theft x 1
s.1 Theft Act
- Visiting probation officer.
- In waiting room.
- Theft of cash from purse in bag
- Guilty plea
You are drafting a bad character application.
Where do you explain why you are making the application and the relevance of the convictions?
Box 3 entitled “Reasons why the evidence is admissible”
This is where you write your substantive response and explain why the evidence is admissible, by reference to the provision(s) of the Criminal Justice Act 2003
You are preparing submissions to present before the court.
Can you cite or refer to the document entitled ‘Instructions to Counsel’?
No
These are priviledged.
Whilst you can use them for your own information, do NOT cite or take the judge to those pages.
You are drafting instruction to counsel to defend.
What should you include?
- Case history
- Procedural history
- Plea
- Date of Hearing Instructing
- Case background
- Summary of key evidence
- Previous convictions
- Defendant position
- Funding
