Hello and welcome to this 20 minute bite sized webinar on behalf of Data Law on This is advocacy in the Magistrates called and my name is calling my wand. As you know, in these short at bite sized webinars, we consider 12 points. So let's have a look at the first slide in relation to the 1st 3 points. Number one two strikes knife crime threatening people with nines blades. Offensive weapons do bearing Main, please Now in. The magistrate called that there were two circumstances in which the Magistrates are asked to consider imposing a minimum sentence. I'm not saying it's the finishing point. I'm not saying they're going to impose this sentence, but it's the starting point, and they should be considering a sentence or six months for an adult on a starting point of a sentence of four months for a youth, it advises on immolation to second time possession of a knife or bladed article, offensive weapon or a first time threatening someone either on school premises or in a public place with a knife or offensive weapon or related article. The threatening someone that was introduced back in last spoke in 2012 by last bow The Legal Aid, Sentencing and Punishment Off Offenders Act. The two strikes was introduced in 2015. The please do give some thought credit for a guilty plea. Yes, the sentence shall not be reduced below 80% of six months. That's of course, in the adult magistrate. Tickle if you're in the youth court at the credit, might result in the centres be below four months. In which case, of course, you can't get a detention in training order because the minimum detention in trading order is four months. Issues regarding the completion of the pet form. What an interesting case. This Woz, Valley rt. And the DPP on K m on the dpb in these cases and they weren't co defendants they were enjoying appeal was in the high court because they both dealt with the same issue, namely, the extent to which matches strange could have regard to that which was written on the pet form when considering guilt at the conclusion of the trial, said by Never said him in the judgment of the court, said there certainly in relation to the issues on section eight of the form, which, of course, a different, aren't they? To the admissions on Section nine of the form when you're dealing with Section eight. If the ground would like the magistrate to consider that which is written on the pet form, there must be a hearsay application because the statements on the pet form, of course here say that they are statements other than by way of live or will testimony from the mouth of the witness giving evidence the crown should make a hearsay application, thus giving the defense an opportunity to make an application under Section 78 of Pace. That the statements or not to be admitted because admission of the statements would have such an adverse effect upon the fairness of the proceedings that there wouldn't be a fair trial. But all of this must be done in open court and read the judgment. I think so. Brian Levinson. He's saying it would be very there for the application to be allowed on for there to be reliance upon those statements in Section eight as a means of perhaps overcoming the crown's difficulties. But try away where witnesses had not attended to give the evidence. In other words, I don't think the statements in Section eight should really be used against the defendant to fill in the evidential gaps that might occur at trial. By perhaps the non appearance have a crown witness. It's different with section nine, Section nine Course admissions. Be careful what admissions you put on the back form. Admissions made by the accused or by agent of the accused are always admissible against the accused that drive him 0.3, applying for the German Section 11 of the Magistrates Courts Act 1980. We know, don't we? That the starting point, particularly if it's a trial, is that there is a presumption that the trial take place in absence, but it is already a starting point. Do have a read of Section 11 which sets out the circumstances in which the court might take the view that in all the circumstances, it would not be just toe hold a trial in absence, and we've had some recent case law on this from the High Court. There was one situation in which the defendant could not get from her home to the court because of the inclement weather. It was snowing heavily. I cook to review in those circumstances. It was just unfair. Tohave to try and in absence on. The conviction was quashed in another high Court decision recently that the district judge had decided that a trial should proceed, even though at the Advocate had rung the defendant and spoken to the defendant who was on his sick bed. And it was made clear to the court that there was no way that that defendant could attend for his trial. On the day the trouble went ahead in absence again, the high court quashed the conviction. So there you are. Please, please, if ever you applying for the German and particularly so if you're applying for a German concerning a trial, do have a read of Section 11 and it's subsections on Also have regard to the leading case, which sets out fully the principles when applying for a German vagina on Picton p i C T l e. Okay, let's have a look at the next night. Fines and compensation amounts and time frames finds festival level far you as a phone. You used to be capped at £5000 level fine is now unlimited. So guilty plea drink driving unlimited fine, potentially guilty play Drugged driving unlimited fine. Potentially. These are level five offenses level four drunk in charge, drugged in charge. Level four still capped at 2.5 £1000. Level three still count at £1000. Level two still captain £400 everyone still kept £100. But watch out peas for your level five finds unlimited finds. J normally be discharged within 12 minutes. Compensation. Formerly limited to £5000. Permanence. Compensation in the Magistrates called now unlimited. Should compensation be discharged over a 12 month period? Well, if you look at the case law probably slightly longer, some cases speak in terms of two years. In some cases, speak in terms of three years, so it might be advisable to think in terms off. What can you apply it or what? Candor depended. We used to be a fool to pay per month for 36 months, I would have thought anything longer than 36 months, and it's probably appealable if you're doing a plea in mitigation. Should have call who lost the magistrate Whether or not they read the Priest Center's report, you'd also asked the magistrate, wouldn't you? Whether or not, they were minded to follow the proposal in the report. If, of course, they say they're not minded to follow the proposal that might involve ofall plea in mitigation on your behalf on part and pass it of that plea. Litigation would involve taking the magistrate through their sentencing guidelines in relation to that defense. So do please always have that in mind, if ever you're called upon to do a plea in mitigation. Most of the time, you probably won't have to take the Magistrates through steps. 1234 by 6789 in relation to any particular offense but always have it in money and have the guideline toe hand. When you're the advocate, a coat bear applications. Well, what can I say about bail applications? Don't move out the obvious. Here they are. Firstly, please remind the Magistrates that the seriousness of the offence is no a ground for withholding valuable. And never has bean remind the Magistrates. The ordinarily there is a presumption in favour off unconditional bail being granted. But his Section four of the Bail Act 1976 remind the Magistrates of the presumption of innocence. The more So if the client fully dean only the matter whilst under interview after P station, then a started as far as part of your bail application, you might choose to deal with the least serious grounds of objections. First, deal with the most serious grounds of objections last and suggest a package of conditions which are both necessary and proportionate in order to allay any fears or concerns that the Magistrates may have. If you're prosecuting, of course, you would open the case. You would set out the facts. You would then set out the grounds of your objection to bail. You would then set out why those grounds applied. If I were prosecuting, I would save my best rounds and to last next slide points 7 to 9. Reducing an a B H. Two a common assault Do have regard to the case of Google on the CPS, a high court decision in which the high cool said there would be nothing wrong in reducing on either way. Juddmonte to summary only provided the either way matter had Bean charged within the sick man period on the facts of ducal, the A B, a charge that was laid some six months after the events. It was therefore out of time and could not be reduced just summary of So I just repeat that if I may yes, you can reduce on either way to a summary a base, so long as you charge the either way matter within six months. Drugged driving This is Section five A of the Road Traffic Act 1988. We know don't way that new offensive drug driving or attempting to drive all being in charge was introduced in March 2000 and 15. No guidance was published by the sentencing Council. Might I suggest, if you haven't read it, that you go on to the Centers in Council website and you read it? It was published November 2000 and 16. Do be aware of the statute we defense within section phony a subsection three. The statute defense to the effect that you were taking the drugs as lawfully prescribed by your doctor or Dentyne dentist and in accordance with any advice given by your doctor or dentist and in accordance with anything on the package on in accordance with anything on the instructions inside the package. Andi that the drugs were lawful drugs. If all those boxes a ticked, you might well have a stack to create defense. Special reasons where I'm struggling, really, for special reasons in front driving. But here's one you might come across your client saying to you, I didn't realize I was eating cake laced with cannabis. Case cake laced with cannabis may well put him over the limit in the shadow, less so all of the cape hasn't been eaten. You need to get hold of a portion of it in order that your expert could cast it for the level of calories. 0.9 one days. Detention in default in lieu of payment of a fine one days. Detention on the offense itself. Don't forget the yeast. These are sections 13 Fun You on 136 at the Magistrates Courts Act 1980 it might well be an appropriate disposal where your plan has be kept in custody overnight. I'm finally points 10 to 12 Court appointments under Section 38 4 of the Youth Justice on Criminal Evidence Act 1990 1999. An important case in this area is the case of Abbotts, a double B, A s in which Lady Justice Hallett are set out? What the terms off the court appointment might be that is well worth a read. Qualifying. Curfews. Please, Please, please is an applicant. Do bring to the attention of the court any time spent. Subject toe a qualifying curfew by your client, especially if he or she is an adult 18 or labor qualifying curfews nine hours or more per gay, monitored by Electronic Cat. Remember the client if he or she is sent into custody, is entitled at that sentence read. Used by half dead for every day spent subject to the tax. And no doubt the call would endorse the woman to the governor to the effect that the centers be reduced by X number of years, the days and spend effectively on the attack. It is something you want to bring to the attention of the court so it can be noted. Weiland. If your client is being said into custody, time spent on remand in custody, not so important as that will be deducted by the institution itself. And finally, I just just brought your attention, something you probably know anyway. Assaults on the Emergency Workers Act. It is of course, a crime to ourself someone a common assault and battery. It's always bean. Such a crime, of course, is more serious now if it's committed on an emergency worker constables Feinman, any jets workers? The emergency workers are listed in section three of the act. The events is driving, by the way and carries 12 months on indictment. I suspect you will see assault on a police officer being charged anymore. It's likely to be charged as assault on an emergency work. Well, there we are. That's our 20 minutes. I hope that you found some of those points useful to you as in Africa, in the Magistrate Court. Thank you for watching this. Webinar. Thank you for listening to me. And I look forward to your company in the not too distant future On another bite size Webinar On behalf of Data Law, My name is Colin Beaumont. Thank you very much.
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