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Criminal Litigation Advocacy - Coggle Diagram
Criminal Litigation Advocacy
Bail Application
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Bail can only be refused if an exception applies and there is a real prospect of a custodial sentence.
Exceptions to Bail
Substantial grounds to fear defendant would fail to surrender, commit other offences, or interfere with witnesses/justice
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Youth Court Allocation
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Your Honour, this is an application concerning the appropriate allocation of proceedings for a youth defendant under the Magistrates’ Courts Act 1980 and the Crime and Disorder Act 1998
Youth defendants (aged 10-17) are generally tried in the Youth Court unless certain conditions apply.
R v Ghafoor (2002)
“The Youth Court is best suited for rehabilitation-focused sentencing (R v Ghafoor (2002)—emphasis on youth rehabilitation).”
“The defendant’s age and vulnerability warrant proceedings in a specialist jurisdiction (R v T (2020)—importance of tailored youth justice).”
R v Smith 2018
a
“The gravity of the offence exceeds the Youth Court’s sentencing powers (R v Smith (2018)—serious offences require Crown Court jurisdiction).”
What does the Magistrates first consider when deciding whether to retain jurisdiction over an either way offence?
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