Legaleagle Training
MAKING THAT ALL-IMPORTANT BAIL APPLICATION – TUESDAY 30th APRIL 2024 – COMMENCING AT 4PM - COST - £75 + VAT
Bail applications are a wonderful way to ‘hone your skills’ as an advocate
This 1-hour zoom presentation is intended to give you some pointers that will make your bail applications more persuasive and with also consider some legal/procedural issues that may ‘crop up’ during bail proceedings.
Have a look at the 25 ISSUES IN RED below and see how you would deal with them – if you’re not sure, then this is a presentation that you should book on or a recording that you should purchase.
DON’T WORRY IF YOU CANNOT ATTEND THE ACTUAL PRESENTATION (OR NEVER INTENDED TO ATTEND) –YOU WILL STILL GET THE RECORDING WHICH YOU CAN SAVE TO A DEVICE OR WATCH AT YOUR LEISURE ON OUR YouTube CHANNEL
Anyone wishing to attend the session (or wishing to have the full sets of notes and the recordings afterwards without ever attending) should simply click here: mailto: colin@thelegaleagle.org or ring me (or send me a text) – (07887) 842985 and book a place.
BAIL ISSUES
1 – Your client disagrees substantially with the way in which the prosecution is putting the application for a remand into custody – how are you going to deal with this as an advocate?
2 – What positive things can you say during your bail application about the seriousness of the offence with which your client is charged?
3 – You are instructed to make a bail application in the Adult Magistrates’ Court for a client charged with rape – what is the legal position and does your client have a presumption in favour of unconditional bail being granted today?
4 – What is the legal TEST that must be pronounced in court regarding the finding of one or more of the exceptions to bail contained in the Schedule at the back of the Bail Act 1976? – the High Court once quashed a decision of a Crown Court Judge because the legal test had not been pronounced in court when the decision was delivered.
5 – How should you structure your bail application? – should you deal with the least serious grounds of objection as put forward by the prosecution at the beginning of your address or at the end of your address?
6 – How might your client’s list of previous convictions positively assist you in today’s bail application?
7 – Can you make a bail application in the Youth Court for a child or young person charged with murder?
8 – The Crown Court Judge has just granted bail to your client and the CPS are deeply unimpressed! – can they appeal this decision? – what if the Crown Court Judge had just refused bail – can the defence appeal this decision?
9 – What do the Criminal Practice Directions 2023 issued by the Lord Chief Justice say about sureties?
10 – What do the Criminal Practice Directions 2023 issued by the Lord Chief Justice say about securities?
11 – What changes have been brought about as regards applications for remands into Youth Detention Accommodation (children and young people) as a result of the Police, Crime, Sentencing and Courts Act 2022?
12 – Who decides whether or not Bail Act proceedings should lie where the client does not attend, having been bailed to do so?
13 – How are we going to get across as an advocate the ‘no real prospect test’ when making a bail application?
14 – What is the test for the court in deciding whether or not to put bail conditions on otherwise unconditional bail and where precisely does it say that there is a presumption in favour of unconditional bail?
15 – Your client has turned up today, having been granted bail by the police to attend. He is charged with a dwelling burglary and the prosecutor is not happy that bail has been granted by the police and wants to make an application for a remand into custody – what does the Bail Act 1976 say about this scenario?
16 – Would the position be any different to that outlined in the scenario above if the District Judge said that he/she was not happy that this dwelling burglar had been granted bail by the police?
17 – How many bail applications are you permitted to make in the Magistrates’ Court before seeking leave on the basis of ‘a change of circumstances’? – a phrase which incidentally you will find nowhere in the Bail Act 1976!
18 – What is the test for the Single Justice under the Bail Act 1976 as regards whether or not your client has breached/is likely to breach the condition(s) of bail?
19 – Your client tells you that he has a reasonable excuse for breaching his bail conditions – how you going to advise?
20 – How might Paragraph 5 of Part 1 of Schedule 1 of the Bail Act 1976 help you on occasion as the defence advocate?
21 – What is the legal position concerning remands ‘to police cells’ under Section 128 (7) of the Magistrates’ Courts Act 1980?
22 – The client has had his pre-charge bail extended beyond the 9-month period at a Magistrates’ Court hearing – he instructs you to make an application for variation of the bail conditions – to which Court should the application be made? – see Statutory Instrument 2024 No. 62 which altered the legal position with effect from 1st April 2024
23 – Who bears the burden in a contested breach of bail conditions hearing and to what extent must the burden be discharged? – see the case of The Queen on the Application of Royston Thomas v Greenwich Magistrates’ Court [2009] EWHC 1180 (Admin)
24 – What is the test in relation to the prosecution having a right of appeal from the Magistrates’ decision to a Crown Court Judge under the Bail (Amendment) Act 1993?
25 – What are the important Sections of the Criminal Justice Act 2003 as regards bail?
It will be a live and interactive session conducted via ZOOM. There is absolutely no requirement for any attendee to have purchased ZOOM. We just send you an email with a link the day before the actual presentation and you click on the link. It could not be simpler.
IMPORTANT
PLEASE LET US KNOW THE EMAIL ADDRESS OF THE PERSON TO WHOM WE SHOULD SEND THE INVOICE IF IT IS TO SOMEONE OTHER THAN YOURSELF
Invoices will be sent after the presentation and our normal terms of business apply i.e. PAYMENT WITHIN 14 DAYS – the cost for each person attending is £75 + VAT – if you have attended the presentation there will be no additional charge for a copy of the recording
If a number of people within your firm would wish to attend the presentation – do get in touch and we can arrange a specific fee for a group booking.