Defences | Legal-Eagle Training

DEFENCES! – DEFENCES! – DEFENCES! - JUNE 2023 – WEDNESDAY 14TH JUNE 2023 – 16:00 – 17.00: - COST - £75 + VAT

You may be advising the client at the Police Station stage – or in the Office – or in your local Magistrates’ Court – or in the Crown Court – it is important that you do have a general understanding of the MORE COMMON DEFENCES available to clients in criminal proceedings.

A COMPREHENSIVE SET OF NOTES WILL ACCOMPANY THIS PRESENTATION

This will be a 1-hour ZOOM presentation.

DON’T WORRY IF YOU CANNOT ATTEND THE ACTUAL PRESENTATION (OR NEVER INTENDED TO ATTEND) – YOU WILL STILL GET THE SET OF NOTES AND THE RECORDING WHICH YOU CAN SAVE TO A DEVICE OR WATCH AT YOUR LEISURE ON OUR YouTube CHANNEL

Anyone wishing to attend the session (or wishing to have the sets of notes and the recording afterwards without ever attending) should simply click here: mailto: colin@thelegaleagle.org or ring me (or send me a text) – (07887) 842985 and book a place.

The following 20 DEFENCE ISSUES will be considered:

1 – DURESS - the bar is set very high with this common law defence – be careful not to confuse your defence of duress with special reasons in road traffic cases

2 – CONSENT – a bit of a minefield when dealing with sexual offences – do be aware of the rebuttable presumptions concerning consent and the non-rebuttable presumptions concerning consent and the role of alcohol in the area of CONSENT

3 – I WASN’T EVEN THERE! – what are you going to do with this defence at the police station stage? – are you going to give over the details of your alibi in your interview?

4 – SELF-DEFENCE – another common law defence – at what stage does self-defence become an attack upon the character of a prosecution witness whereby the Bad Character of your client may form part of the evidence at trial? – The case-law

5 – DRIVING – ATTEMPTING TO DRIVE – IN CHARGE – what do these legal concepts in driving cases actually mean?

6 – The STATUTORY DEFENCE in drug driving cases under Section 5A of the Road Traffic Act 1988

7 – NO DISHONESTY INVOLVED – how did the Lord Chief Justice define dishonesty in the Court of Appeal decision of Barton and Booth?

8 – NEEDLE PHOBIA – what does a client need to do during the trial in order to get home on this defence? – the case of R v (Cuns) and Hammersmith Magistrates’ Court

9 – WITHOUT LAWFUL AUTHORITY – WITHOUT GOOD REASON – WITHOUT GOOD CAUSE – WITHOUT A REASONABLE EXCUSE – these legal terms explored and examined

10 – LEGAL BURDENS/PERSUASIVE BURDENS/EVIDENTIAL REQUIREMENTS – important that you know the distinctions, particularly if advising clients at the Police Station stage – lay something down in the interview if you can!

11 – WRITTEN STATEMENTS containing the defence read out in the Police Station interview or read out at the charging stage – The case of R v KNIGHT

12 – The extent to which you are going to DECLARE YOUR DEFENCE on the PET FORM

13 – What to write on the PET FORM when your client pleads ‘not guilty’ and HAS NO DEFENCE TO ADVANCE

14 – DEFENCE STATEMENTS IN MAGISTRATES’ COURT PROCEEDINGS AND IN CROWN COURT PROCEEDINGS

15 – DUTIES UPON THE DEFENDANT AND DUTIES UPON THE PROSECUTOR UPON A ‘NOT GUILTY’ PLEA BEING ENTERED

16 – PROVOCATION

17 – AN OBJECTIVELY HELD REASONABLE BELIEF – in under-age sexual cases

18 – THE DEFENCE TO CARELESS DRIVING AND THE DEFENCE TO DANGEROUS DRIVING (INCLUDING CAUSING DEATH IN BOTH OFFENCES) – the possible advantages in putting the defence very early

19 – SELF-INDUCED INTOXICATION AS A POTENTIAL DEFENCE

20 – CALLING YOU TO GIVE EVIDENCE AS PART OF THE DEFENCE CASE

It will be a 1- hour live and interactive session conducted via ZOOM. There is absolutely no requirement for any attendee to have purchased ZOOM. We just send you an email with a link the day before the actual presentation and you click on the link. It could not be simpler.

IMPORTANT

PLEASE LET US KNOW THE EMAIL ADDRESS OF THE PERSON TO WHOM WE SHOULD SEND THE INVOICE IF IT IS TO SOMEONE OTHER THAN YOURSELF

Invoices will be sent after the presentation and our normal terms of business apply i.e. PAYMENT WITHIN 14 DAYS – the cost for each person attending or purchasing the recording is £75 + VAT – if you have attended the presentation there will be no additional charge for a copy of the recordings