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Writing critical essays moon
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PostPosted: 10 Oct 2016 13:47:00    Post subject:  Writing critical essays moon
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The court displayed a notice which required all persons due to appear in court to report to the enquiry counter. The defendant did report and then complied with the instructions to wait in the concourse before becoming tired of waiting and leaving the building. Following conviction for failing to surrender the defendant appealed to the Crown Court, Glidewell LJ stated. In this instance, by surrendering to the enquiry desk, the defendant could not be said to have failed to surrender. He left before his case was called and was convicted of failing to surrender. The Court of Appeal did writing critical essays moon agree that reporting to the usher amounted to surrendering. Mere arrival at the Crown Court building does not constitute a surrender, neither did reporting to an advocate. Surrender has to be accomplished personally by the defendant. Secondly, if there has been no previous surrender, as ordinarily there will have been it is also accomplished by arraignment. Under s, writing critical essays moon. 6(3) of the Bail Act writing critical essays moon, it is for the defendant to prove that he had a reasonable cause for failing to surrender. Error or forgetfulness is unlikely ever to amount to a reasonable excuse, but may be relevant mitigation for the court to consider ( Laidlaw v Atkinson The Times (02 August 1986)). This guidance clarifies the roles and responsibilities of medical practitioners when issuing medical certificates in criminal proceedings. Medical certificates will also provide the defendant with sufficient evidence to defend a charge of failure to surrender to bail. However, a court is not absolutely bound by a medical certificate. The medical practitioner providing the certificate may be required by the court to give evidence, writing critical essays moon. Alternatively the court may exercise its discretion to disregard a certificate, which it finds unsatisfactory - R v Ealing Magistrates Court Ex p. Circumstances where a court may find a medical certificate to be unsatisfactory include. It therefore follows that as a minimum standard a medical certificate should set out. An indication as to when the defendant is likely to be able to attend court, or a date when the current certificate expires. Medical practitioners should be aware that when issuing a certificate to a defendant in criminal proceedings they make themselves liable to being summonsed to court to give evidence about the content of the certificate, and may be asked to justify their statements. This guidance on the issuing of medical certificates, which was originally agreed with the British Medical Association (BMA) after a period of consultation, is now Criminal Practice Directions CPD1 General Matter 5C Issue of Medical Certificates. A prosecution will normally be in the public interest where a defendant has deliberately failed to attend with no reasonable cause unless he or she is able to put forward substantial mitigating circumstances. Where a defendant has surrendered to bail at court later than the appointed time, consideration ought to be given to the following questions in deciding whether or not it is in the public interest to proceed with an offence of failing to surrender. If late on the date for trial, whether any witnesses have been inconvenienced. These offences should be dealt with as soon as practicable, and where possible, at the first hearing after arrest, as its outcome will be relevant to the consideration of bail. Proceedings for failing to surrender ought not to be adjourned, even the proceedings for the offence that led to the grant of bail are adjourned. If an application to adjourn is made, the court will need to consider all of the circumstances including likely length of proceedings and the penalty that might be imposed for failing to surrender. Bail should be reconsidered in the light of the failing to surrender.

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PostPosted: 10 Oct 2016 13:47:00    Post subject: Adv





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