Blog

You prosecute a s.18 GBH case. The defence have indicated that the Defendant would plead guilty to s.20 GBH. You have decided that this is an acceptable resolution of the case in all the circumstances and take the view that the evidence of intent to do serious harm is very weak. What is the most appropriate next step for you to take?

You prosecute Luke, the leader of a community youth group, who has pleaded not guilty to a charge of ABH on Verity, a 13-year-old girl who attends the group. The allegation is that Luke lost his temper with Verity when she failed to comply with group rules during an activity session and held her tightly by her arms, causing extensive bruising. He states that there was a verbal exchange between him and Verity due to her refusing to put out a cigarette he caught her smoking on group premises. He states that Verity has previously threatened to report him for things he denies. Luke asserts that Verity has previously made two separate allegations against teachers at her school which were not proceeded with, which supports the fact that she makes false allegations. He therefore requests disclosure of school records relating to allegations against teachers by Verity and any records confirming the existence of bruising to her arms and the dates of such records. Verity confirms that there were incidents at school in which she made allegations of assault against teachers. The disclosure officer tells you that he has contacted the school and they do not wish to release any records. What is the best course of action for you to take in light of the assertions Luke makes about the records the school may hold?

You prosecute Kwame in the Crown Court for dangerous driving (an either-way offence). It is alleged that following a road traffic incident involving Kwame and Junaid, Kwame deliberately drove at Junaid knocking him over and then drove off. Kwame’s case is that Junaid was the aggressor and he had jumped onto the bonnet of his car. Kwame drove off as he was scared about what Junaid might do. You serve a statement from Junaid in support of an application for special measures. He states that he is fearful of giving evidence and seeing Kwame again. Junaid fears reprisals if Kwame sees him in Court and believes that giving evidence behind a screen would improve the quality of his evidence, as he would not then have to see Kwame. You also serve medical evidence which states that Junaid suffers from learning difficulties, affecting his ability to communicate effectively, and he requires an intermediary in order to give best evidence. You notify the Court and defence that you wish to apply for Junaid to have the benefit of an intermediary and screens. The defence do not object to the use of an intermediary but oppose the use of screens. They argue that Junaid was the aggressor and screens will suggest that Junaid needs protecting from Kwame, adversely affecting the jury’s perception of Kwame, which will unfairly prejudice his case. What is your best response to the defence submissions?

You are defending Jacob, who is on trial in the Crown Court for ABH. The allegation is that he assaulted his wife, Laura. He relies on self-defence, stating that his wife attacked him with a table lamp and he struck her once to defend himself. Laura is the only prosecution witness. Jacob gives evidence in his defence. When summing up, how should the Judge direct the jury in relation to the evidence?

Following trial in the magistrates’ court, Sean has been convicted of common assault. Before retiring to consider sentence, the magistrates are told by Sean that he is in receipt of benefits, that he has mounting debts and has very limited means. The magistrates want to make an award of compensation to the victim of the assault. Are the magistrates required to impose on Sean a surcharge, in full, alongside the compensation order?

You represent Abiola (aged 16) in the Crown Court. She is jointly charged with Carlos (aged 22) with various firearms offences. In conference, before the start of the trial, Abiola tells you that she is concerned that people from her local community will be present in the public gallery and will be watching her during the trial. What is the correct advice to give Abiola?

You represent Connor in the Crown Court who has pleaded guilty to one count of domestic burglary. The Judge intends to give Connor the maximum available credit for his guilty plea. Connor has two previous qualifying convictions for domestic burglary and therefore meets the criteria for a mandatory minimum custodial sentence. What is the correct advice to give Connor about his sentence?

Diego is charged with burglary. In interview he was represented by a solicitor and answered ‘no comment’ to all questions. In evidence at trial he states that he gave those answers on advice from his solicitor. He also states that at the time of the offence he was with his sister at her home. How should the Judge direct the jury in respect of Diego’s failure to mention his alibi in interview?

You are prosecuting Robin in the Crown Court. She faces trial for a single count of burglary. During the course of the trial, the possibility that Robin has in fact committed the lesser offence of theft is clearly raised in the evidence. At the start of the trial you applied to amend the indictment to include an alternative count of theft, but the Judge refused your application saying it was “unnecessary”. You are now discussing with the Judge and the defence the directions to be given to the jury. The defence have already indicated to you that they will oppose any suggestion that the Judge should direct the jury on a possible alternative verdict of theft. What should you do in relation to the proposed alternative charge?

You prosecute a s.18 GBH case. The defence have indicated that the Defendant would plead guilty to s.20 GBH. You have decided that this is an acceptable resolution of the case in all the circumstances and take the view that the evidence of intent to do serious harm is very weak. What is the most appropriate next step for you to take?