The Court Process - Essay Example

The Court Process I am attending Ms. Wendy Hope who resides at Flat 12 Blaena Hill, Swansi. Ms. Hope requested to apply for bail due to her recent arrest for trespass of a building and theft of a laptop computer contrary to section 91 (b) of the Theft Act of 1968. Ms. Hope will be entering a plea of not guilty and applying for bail. On the night in question, Ms. Hope claims that she was at the home of Jason Smith who was a close friend, watching videos until 2 am. On her way home, she met three friends who offered to give her a ride to her residence. Ms. Hope accepted and got into the front of the car. On the way, a policeman stopped the car. The police searched the car and discovered a Dell laptop computer on the floorboard of the passenger seat of the car. Subsequently, Ms. Hope was arrested and charged with theft of the Dell laptop computer under the Theft Act of 1968 section 91 (b) and taken to the police station for an ID procedure. One of the three witnesses participating in the ID procedure was able to ID Ms. Hope as the perpetrator. CLIENT’S LEGAL HISTORY/PRIOR CONVICTIONS 1. Convicted 6 years ago of TWOC (taking a vehicle without consent) and received a conditional discharge of 12 months. Sentence was completed satisfactorily. 2. Convicted 6 years ago of theft of shoplifting and ABH (obstructing a police officer and received a community rehabilitation order for a period of 18 months. Sentence was completed satisfactorily. 3. Convicted 4 years ago for the offense of theft. She complied with this order by paying a fine of 75 pounds along with costs of 55 pounds. 4. Convicted 3 years ago of knowingly driving a vehicle without consent, having no vehicle insurance, and failure to surrender to bail. She received a community punishment order and disqualification for 12 months with a conditional discharge for 6 months. Sentence was completed satisfactorily. 5. Convicted 1 year ago of theft of shoplifting. A community service order was imposed with a condition of supervision for 18 months. Client is still this order and has thus far complied with conditions thereof. Client is due back in court regarding this matter in 3 weeks. POSSIBLE OUTCOME Ms. Hope is attending nail technician school and has sent out several resumes with the objective to secure employment. This will allow Ms. Hope to be a productive citizen who is a great asset to her community. Only one of the three witnesses of the alleged theft could identify Ms. Hope in the ID procedure. Since two out of the three witnesses could not identify Ms. Hope as the perpetrator, the witness who identified her may have been mistaken. Ms. Hope noted that the other women who participated in the ID procedure had an appearance similar to hers. This works to her favor. Although Ms. Hope has had prior convictions, she has consistently complied with the conditions that the court imposed upon her. Considering the facts and circumstances surrounding this case, it is likely that the magistrate’s court will grant conditional bail and adjourn the case to a date in the future. ADVICE Amanda Reese, Solicitor 17. 01. 2011 Ms. Hope, I hope that you are well. Recently, I spoke to you regarding your arrest for trespass of a building and theft of a laptop computer contrary to section 91 (b) of the Theft Act of 1968. You indicated that you would like to enter a plea of not guilty. I want you to understand that a plea of “not guilty” does not necessarily mean that you will get off at your trial. The offense you were charged with was a trial by the way which means it could be heard in either the Magistrate or the Crown Court. There are pros and cons of having a case tried in either court. The Crown Court is superior to the Magistrate’s Court and the judge has greater sentencing powers. Additionally, there is a jury associated with the Crown Court and they tend to let off more defendants than the Magistrate’s Court. However, in the Magistrate’s Court the case will be heard sooner and there would be no jury involved. The Magistrate’s Court will probably decide that they can take the case and it will not have to go to the Crown Court. Because only one out of three eyewitnesses to the theft was able to pick you out in the ID procedure, that could work in your favor. You requested that I apply for bail. You have the right to request bail under the Bail Act of 1976. However, it is likely that the prosecution will raise objections to bail based on the fact that you failed to surrender to bail when you committed the offense of 3 years ago and a further offense whilst on bail for the TWOC (taking a vehicle without consent). The following are possible bail conditions: 1.) You may be required to give an address for residence (you agreed to use your Mother’s address). 2.) You may be required to stay away from the premises where the theft occurred. 3.) Since the offense occurred at night, the court may impose a curfew bail from 9pm to 7am. You stated that you would not be happy with this condition but would comply if so ordered. 4.) You may have to retain someone who would be willing to act as a surety on your behalf. You said that this would be rather unlikely. However, you would ask your grandmother if so required. ANSWER TO QUESTIONS YOU RAISED At the end of our conversation you raised three questions and I told you that I would get back to you on: 1.) What sentence would you face if your case goes to the Crown Court? According to the Theft Act of 1968, “a person guilty of theft shall on conviction on indictment be liable for imprisonment for a term not exceeding seven years.” [1] However, it is unlikely that your case will go to the Crown Court. The magistrates will probably decide that they can try your case. 2.) What are “either way” offenses? “Either way” offenses can be tried in either the magistrate’s or the Crown Court. [2] 3.) Why do you have the choice of taking your case to the magistrate’s or Crown Court? You have the choice of taking your case to the magistrate’s or Crown Court because under the Theft Act of 1968, trespass of a building and theft are considered “either way” offences: “In cases involving "either way" offences, a decision must be made as to whether the case should be heard in the magistrates' court or the Crown Court. This is done at the 'mode of trial' hearing. If the defendant agrees to have the case dealt with at the magistrates' court and pleads guilty, the magistrates' may hear a case that they consider is suitable for summary trial straight after the 'mode of trial' hearing. If the defendant pleads not guilty in a case that the magistrates consider is suitable for summary trial, the case will usually be adjourned. [3] Under these facts, a court would likely adjourn your case to a later date for a Pre- trial Review so that both sides can arrange which witnesses should appear and how long a trial is likely to last. Finally, a trial date will be fixed and bail will be negotiated. [4] WHAT YOU CAN DO I am providing you with a list of things that you can take that you can do to help us in our representation. This list is designed to help you furnish us with information that is of great importance in preparing your case for trial. You should keep us informed of any changes that may occur. Items of information we need from you are as follows: 1. A diary of your activities, with emphasis on events surrounding the arrest. 2. The names of neighbors, friends, employers, or relatives who know of your activities both before and after the incident. For example, Jason Smith could give evidence to the fact that you were at his house on the night in question watching videos until 2 am. As you think of any other information that you think should be added to this list, please let us know. The more information that we have the better job we can do for you. Please do not hesitate call me with any questions that you might have. We will do our best to represent you fairly and aggressively and will keep you informed of the progress of your case. Sincerely, Amanda Reese, Solicitor BIBLIOGRAPHY 1. “Either way offences,” Health and Safety Executive, Accessed January 17, 2011 http://www.hse.gov.uk/enforce/enforcementguide/court/magistrates-intro.htm 2. “Either way offences,” Health and Safety Executive, Accessed January 17, 2011. http://www.hse.gov.uk/enforce/enforcementguide/court/magistrates-intro.htm 3.”The Theft Act 1968,” Google Docs, Accessed January 17. 2011 http://docs.google.com/viewer?a=v&q=cache:GwBfgI4jbWwJ:www.lawteacher.net/PDF/TA%25201968.pdf+theft+act+1968&hl=en&gl=us&pid=bl&srcid=ADGEEShYRZqH1iVBc1N7NYmSuOWZXze3O47btH6xGPncnsyyeXGDKBD8WbTRr6udUkkDKyh1LvX6gvEFzhXyNFpbVdN9ujEwqm9BHzldbQxaB24wE-bQOHgmK-TTWEVLl24ABefVcJKo&sig=AHIEtbRoabl-7uNMz3jHse7ulvRxuXmgWQ 4. “The Court Process,” Trafford Magistrates, Accessed January 17, 2011. http://www.traffordmagistrates.info/html/body_court_process.html Read More