Course description
Overview
This course will cover not only legislative changes and case law, but also what should go into those applications and how to structure them so they can be utilised to best effect.
There will also be three bail scenarios and three pleas in mitigation, allowing you to practice your advocacy skills in these areas. Involvement is not obligatory.
Who is this for?
This course will be of immense benefit to anyone involved, or about to become involved, in hearings regarding bail, remands in custody and mitigation.
This includes trainee solicitors, CILEX, paralegals and qualified solicitors either undertaking the advocacy or preparing cases for hearings.
What will you learn?
This one day course will develop your knowledge in both Magistrates and Youth court. You will gain an understanding of both legislative and case law developments, along with strategic and structural guidance.By the end of the course, you'll be able to:
- Make representations in the youth court for either bail or a remand into the ‘youth detention accommodation’ under the Legal Aid, Sentencing and Punishment of Offenders Act 2012
- Make representations in the adult court for either bail or a remand into custody and understand the exceptions and when they apply (and the ‘no significant risk of custody test) as set out in the Legal Aid, Sentencing and Punishment of Offenders Act 2012
- Utilise case law in the area of bail effectively when applying for bail
- Structure your bail application or application for a remand into custody
- Explain the latest Magistrates’ Court sentencing guidelines and use them effectively as an advocate when making a plea in mitigation
- Utilise a pre-sentence report effectively
- Structure your plea in mitigation
- Address the court on how today's sentencing court should review the comments made by the last court when it adjourned the case – the Principle of Legitimate Expectation
- Display confidence when asking for a particular sentence
How will this help your career?
You’ll return to work with up to date and advanced bail and mitigation expertise. This knowledge will take your specialism to the next level, opening up new and rewarding career opportunities.
PSC Elective
This course may be taken as a PSC elective, although it may also be attended by non-trainees.
SRA Competencies
B, C
Other related courses
Advising At The Police Station - Core knowledge & Skills
Criminal Advocacy - Magistrates' Court Trials
Criminal Advocacy - The Youth Court
Essential Criminal Law
Practice & Procedure In The Magistrates' Court
Road Traffic Law - A Practical Guide
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Upcoming start dates
Suitability - Who should attend?
This course will be of immense benefit to anyone involved, or about to become involved, in the advocacy surrounding bail, remands in custody and mitigation.
Training Course Content
By the end of this course you will be able to:Make representations in the youth court for either bail or a remand into the new ‘youth detention accommodation’ under the Legal Aid, Sentencing and Punishment of Offenders Act 2012.Make representations in the adult court for either bail or a remand into custody and understand the exceptions and when they apply (and the new ‘no significant risk of custody test) as set out in the Legal Aid, Sentencing and Punishment of Offenders Act 2012.Utilise case law in the area of bail over recent months effectively when applying for bail (the Brent Justices case being a classic example in point).Structure your bail application or application for a remand into custodyExplain the latest Magistrates’ Court sentencing guidelines and use them effectively as an advocate when making a plea in mitigation.Utilise a pre-sentence report effectivelyStructure your plea in mitigation.Address the court on how today's sentencing court should review the comments made by the last court when it adjourned the case – the Principle of Legitimate Expectation.Display confidence when asking for a particular sentenceExplain in clear and simple terms to a defendant the sentence that has just been imposed and what it might mean in terms of ‘licence’, ‘breach’, ‘at risk of return’– it's ‘all change’ under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and The Offender Rehabilitation Act 2014.