Bail application Script PDF

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Summary

Bail Application, request for bail, received 65 on the assignment which included this presentation. ...

Description

Good afternoon your honour, my name is …………….. and I appear before you on behalf of the defendant. Mr Sean Bracken to make an application for bail as a general right stated in Section 4 of the Bail Act 1976.

The accused is being charged with the following offences: -

taking and driving away a vehicle belonging to another

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driving with excess alcohol

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driving with no insurance

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driving whilst disqualified.

Although charges are of serious nature, important to acknowledge that the seriousness of the offence is on the lower end. Mr Bracken did have excess alcohol in his system, but no clear evidence stating exact level of alcohol found. Therefore, with facts of case highlighting my client was having a Sunday afternoon drink with his girlfriend, there is a high possibility the alcohol intake may be marginally over rather than excessively over the limit, due to this being a casual drink.

Further support the nature and seriousness of this offence: Defendant was stopped due to the suspicion of a tractor being on a suburban road. He was not stopped due to dangerously driving, or for causing an accident, but purely for the polices suspicion. Your honour, there are 2 points of law highlighted by the prosecution. These being that the defendant, if released on bail would: 1. Fail for surrender to custody 2. Commit an offence whilst on bail. These conditions are in accordance with schedule 1 of the Bail Act 1976. I Shall now elaborate on each of the grounds given by the prosecution, in support of my advocacy FOR the granting of bail.

1. Under-ground Failing to surrender to custody presented by prosecution. Evident Mr Bracken is a well- paid skilled building laborer who has been in this employment field for 10 years. Argues against the risk of the defendant absconding as Mr Bracken has a stable employment history in which he would not want to risk jeopardizing if he did so. Defendant has also paid two weeks in advance at the Mayfair Bed and Breakfast in Mosely, therefore, at this present time he would not want this to be affected by absconding. The offence that Mr Bracken committed: is on lower end of the nature and seriousness of the offence, and if he was to receive a sentence, he is likely to receive a relatively short charge. Therefore, my client is aware that if he did abscond: there is a risk he would receive higher sentence than if he did surrender to custody if granted bail.

Your honour, I propose the following conditions of bail which could be granted to meet the courts objections: These being D Weekly reports to the police station or a probation officer, so court is satisfied that the risk of the defendant absconding is low due to having weekly knowledge of my clients whereabouts. Further condition which could be considered is to provide a security. Client has substantial amount of savings. Would be able to pay a fee as a promise to the court that he will attend and not abscond. Ensure he wont fail to surrender, as he wouldn’t want to lose a substantial sum of money. With savings: pay upfront on a more secure property, so he has a stable address for duration of bail, satisfying that court can have further knowledge on clients location. 2. 2nd ground presented: Commit further offences whilst on bail. Important to acknowledge that my client is evidently a good man, Although having previous convictions, last conviction backdated to 10 months ago, which was at the end of 12-month conditional discharge, which is substantial duration. Proves he is trying to get his life back on track, and his good character should be recognized. To satisfy any risks, the condition of having curfew could be put into place for Mr Bracken to be at registered address during nighttime hours of 8pm to 8am. This will limit risk of defendant reoffending and prevent the likelihood of my client going to pubs, allowing for the grant of bail subject to this condition. Fair to say Mr Bracken has a drinking problem, so I believe the granting of bail will allow my client to get the support and wellbeing from the correct facilities as soon as possible, as opposed to going back to prison. Massively help improve his erratic drinking problem, which is the root to majority of his previous convictions. Therefore your honour, I propose that my client takes part in a drug and alcohol service, provided by the reach out recovery agency located in Birmingham. Under this condition my client would take part in the programme to receive support for his admitted drinking. Making it highly unlikely that the defendant would commit further drink related offences whilst on bail, as he would be receiving beneficial help. It is important to acknowledge that my client is evidently a good man, he is in a stable relationship, employed and regularly seeing his mum which proves his strong family ties, and so your honour, I respectfully ask that the court grants bail, as I have proposed concrete conditions on which bail could be granted without unacceptable risks. Unless the court requires more from the defence, that is all your honour....