Bail Application (Essay Sample)

Bail Application Case Number: WMC/2024/0021 By (Name) Course Professor's Name Institution Location of Institution Date Introduction Good morning, your honor. I appear before you on behalf of the defendant, Mr. Simon Carter, to apply for bail as a general right for my client under section 4 of the Bail Act of 1976. This case relates to a charge on my client on the allegations of Grievous Bodily Harm/wound on Freddie Valentine, aged 19 years, alleged to have occurred on January 12, 2024, at the Public House in Northampton. Despite my client providing statements that portray his innocence from the allegations, he was arrested close to the crime scene and remanded at the Northampton Police Station despite the lack of probable evidence. The arrest itself failed to follow the criminal process for both investigations and the pre-trial procedures, as the determination of the case being prosecuted occurred while my client was in jail without the existence of substantial evidence or accurate investigation of the existing evidence concerning the suspect concerning Police and Criminal Evidence Act 1984.[United Nations Office on Drugs and Crime, "Section 19-22,"] Your honor, sections 4 and 5 of the Bail Act of 1976 offer the rights to bail and exclusions to the right to bail, respectively. Section 4 of the Act grants my client a right to bail without condition provided there are no exceptions to apply the bail, which are non-existent for my client's case. My client has not been charged or accused of any crimes that grant him an exception to the right but has instead been a law-abiding citizen with only one minor offense as an underage on his record. Section 34 and 35 of the Police and Criminal Evidence Act of 1984, an individual arrested for allegations of an offense or an offense shall not be kept in police detention unless they qualify legally to remain in custody, for instance, based on significant crimes like murder or a class A drug user.[Carroll, "The Due Process of Bail,"14] [Rao Maddi, "Analysis on Provisions for Granting of Bail,"19] [Dehaghani, "Interrogating Vulnerability: Reframing the Vulnerable Suspect in Police Custody,"] The defendant is a law-abiding citizen who poses no threats to the case proceedings. As a 23-year-old son of emigrants in the country, he has portrayed his potential to abide by the federal rules with a clean criminal record aside from the minor criminal offense of drunkard Ness and disorderly behavior at the age of 13 years under the influence of his friends. My client intends to abide by the country's rules and laws, including the bail terms offered by the court. Additionally, the defendant is a family man and the sole caregiver of his ailing mother, who needs his full attention. The defendant's mother is a 60-year-old woman living with severe disabilities as a result of an accident. The defendant, who loves his mother, would, therefore, not risk losing his mother to the caregiving homes that would occur if he committed an offense based on their legal rules.[Bianchini, "Identifying the Stateless in Statelessness Determination Procedures and Immigration Detention in the United Kingdom,"] Additionally, the evidence produced for the case is inadequate and unviable for the charges; thus, my client should be provided with bail as more investigations are conducted. The prosecution claims to have evidence that the defendant committed the crime against the appellant, while the evidence presented to the court by the prosecution is not substantial. The defendant's presence in the location on the same day of the offense does not confirm that the defendant committed the crime. The surveillance in the area also provides an image that looks like the defendant but cannot be confirmed. As claimed by the prosecution, the evidence is only from surveillance footage, which cannot confirm whether it is my client. Additionally, my client cannot be accused of committing the crime based on their past minor crime, which is unrelated to the current crime. The crime committed by the defendant more than ten years ago was conducted under the influence of peer pressure. Additionally, it is illegal to continue detaining my client without substantial evidence for the charges and the witnesses for the case. Additionally, my client poses no threat to the appellant and the witnesses they are unfamiliar with or their details. It is thus critical to grant the defendant bail while more investigations and the witnesses to the crime are given time to present themselves and their evidence to the court. Sections 76 and 78 of the Police and Criminal Evidence Act of 1984 further considered that disputed confessions and evidence presented in court should be disqualified for the trial based on the information's unreliability in the case as it consists of no criminating evidence.[England & Wales High Court, "Burns V Woolwich Crown Court &Anon,"] [Stone and Veronica Lynn, "Confidentiality of Correspondence with Counsel as a Requirement of a Fair Trial in the United Kingdom,"] [Parpworth, "Making an arrest in order to activate PACE entry and search powers: The Law Co...