Will bail always be granted?
D must be granted bail unless an exception to bail applies
What is the legal test for opposing bail the right to bail?
That there are substantial grounds for believing that if released on bail, D would:
a) Fail to surrender
b) Commit a further offence whilst on bail
c) Interfere with witnesses / course of justice
To determine whether there are ‘substantial grounds’, what will the court consider?
- Nature and seriousness of the offence and probable sentence
- D’s Character, antecedents, associations and community ties
- D’s record re prev grants of bail
- Strength of prosecution’s case
If there are grounds for opposing bail, what should the defendant’s solicitors attempt to do?
Persuade the court to grant bail with conditions
If seeking to challenge identification evidence, which grounds should/could be used?
1Turnbull guidelines if ID evidence is weak
- s78 PACE if admission would have adverse effect on the fairness of proceedings
What does ADVOKATE stand for?
Amount of time - Brief observation increases chance of mistake
Distance - Considerable distance
Visibility - Poor visibility or nightfall
Obstructions - Objects or crowds blocking view?
Known to witness - If unknown to witness, less reliable
Any reason to remember? - Generic features can easily be mistaken
Time - Significant period between observation and report to police?
Errors - Discrepancies between witness description on D’s appearance?
What are the grounds for challenging confession evidence?
s76 PACE - Oppression or unreliability
S78 PACE - Admission would have such an adverse effect on the fairness of proceedings that the court ought not to admit it
What are the grounds for appealing sentence?
Sentence is wrong in law or manifestly excessive
What are the grounds for appealing conviction?
Conviction is unsafe and would lead to a miscarriage of justice
What are the grounds for appealing to the High Court by way of case stated?
The decision made is wrong in law or the magistrates have acted outside their jurisdiction
What test is used to demonstrate no case to answer?
1) No evidence to support P’s case; OR
2) There is some evidence but it is weak
The test comes from R v Galbraith and if it is made out, the judge must stop the case
Under which gateway must the Court exclude bad character evidence?
Gateway D: The evidence is relevant to an important matter in issue between D & P
Gateway G: The evidence is relevant to an important matter in issue between
