This
six part course is essential for all solicitors starting out at the Magistrates Court.
During
this training, experienced lecturer, barrister and former duty solicitor, Colin Beaumont will
identify the pitfalls which can ambush unwary advocates and will discuss a
selection of difficult Magistrates
Court scenarios and provide detailed guidance on
how to handle them successfully.
With over 95%
of criminal cases being tried at a Magistrates' court, this comprehensive
series of webinars will also be of interest to experienced criminal
practitioners who wish to refresh their knowledge of court procedure and the
advocacy skills required in order to successfully defend (and prosecute) cases
in the Magistrates Court.
Part
1
This webinar
will examine the structure of a criminal trial and will consider the following:
- Cross-Examination of witnesses in criminal cases techniques and
scenarios – Do’s & Don’ts
- Re-examination – Just because you
can, doesn’t mean you should
- Witnesses – What to do if a
witness turns hostile?
- Court presence – What is this and
how you can get it?
- Is there a case to answer?
- Half time submissions and closing
speeches – What should you include?
- Hearsay – How to make and respond
to an application for hearsay
- Examination-in-Chief – how to
assist your client when giving evidence
- ‘Damage limitation exercises’ if
your client has not stood up well to cross-examination
- Bad character - How to make and
respond to an application for bad character
Part
2
This webinar
will focus on advocacy during case management and will consider the following:
- What course of action the court
will take depending upon the plea entered?
- What happens if the client has no
defence? Informing the court that ‘you put the prosecutor to proof on the
matter and that you have no positive case to advance yourself’ – see the
case of R v Gavin Rochford
- Avoiding professional
embarrassment
- Bail - Recommended structure to
use when conducting an application
- Unconditional bail
- How to deal with the prosecutions
exceptions to bail – Ensuring bail conditions are necessary and
proportionate
- Why you should avoid stating that
your client would ‘be willing to abide by any condition that was required
by the court’
- Advocacy involved in breach of
bail proceedings
Part
3 & Part 4
These two
webinars will focus on plea in mitigation and will consider the following:
- Requesting a stand down report or
an adjournment for a full pre-sentence report – This won’t be popular but
don’t be afraid to ask if this is in your client’s best interest
- What to do if your client wants to
plead guilty to ‘get things over with’
- Magistrates’ Court Sentencing
Guidelines - Be realistic and guide the court through the applicable steps
– A good plea in mitigation requires a structured approach
- Sentencing - Sometimes the best
result which you and your client can hope for is the suspension of the
client’s custodial sentence
- Pre-Sentence Reports – How to
shorten your plea in mitigation and save time
- Financial details - Poor advocates
take further instructions regarding payment
- Suspended sentences – A good plea
in mitigation can make all the difference
- How to ask the court for a
particular sentence, conditional discharge or a deferred sentence
Part
5 & Part 6
These two
webinars will focus on advocacy in the Youth Court and will consider the
following:
- Asking the court for an absolute
discharge
- Financial penalties
- How to seek a community based
penalty, even for non-imprisonable offences
- How to address the court on the
issue of whether or not your client is a ‘persistent offender’
- The Serious and Grave Crimes
procedure
- Obtaining a Referral Order for
your client – The circumstances in which such an order is mandatory and
when it is discretionary – How to address the court in each instance