Civil & Criminal Litigation: Rights of Detained, Bail, Trial Procedure

This article discusses the rights of a person detained in police custody, reasonable grounds for bail, and the procedure for mode of trial in civil and criminal litigation. It also provides advice on how to handle the situation. The subject is Civil & Criminal Litigation with course code LA6075. Get solved assignments, essays, and dissertations on Desklib.

Sample

INTRODUCTION
MAIN BODY
Part B
a) Her rights whilst in custody at Stratford Police station?
In this scenario the right of Sophia is being described when she is under police custody.
Sophie can be confine for an small period of twenty four hours of arrest. Within this period she
have to be begot ahead a judge, the judge will choose even if to extend the the imprisonment
period or she have be released. The police will orally inform about her right to have an attorney
which have to be present amid questioning and she also have right to be silent. At the time when
arrested by the police will communicate her about the accusations against her and on what
ground she will be arrested. When she was been arrested the police will tell her about the charges
of theft, on this ground she is being arrested for not billing rest of the items and taking with her
without paying for those items. She have right to inform a family member, but in the case if
police will not allow believing that this will interfere with the investigation. She also have right
to access the attorney of her personal choice ahead she was questioned by personnel. The patrol
will help her to find a local lawyer. She as well have right to questioned in presence of her
lawyer. If she is unable to speak English then she have the right to assess an interpreter for free
of cost. The translator will also aid to conversation with attorney also. She have right to stay
quiet at any stage of her proceedings. She can speak to her lawyer for keep silent or to speak in
her criminal proceeding. If this is a cracking thought for her suit then she can speak in the
investigation. She should have to be informed for the accusations against her, at the time of
arrest, or within a reasonable time before interrogation starts and before the charge is been
implemented on her. The police will decide that she must be indict or not be indict inside a
sensible period of time later on she will be charged. If she will not be accuse inside 18 months
then she can asking for judicature hearing.
b) What would be reasonable grounds for bail, and would Sophia be successful in
obtaining this?

Sophia could be set free on bail with some conditions, she have to return to police station
whenever they ask to. There is legal principle for bail in this law, she can be released on bail
without depositing money. The police can impose curfew on her in respect of offence conducted
in night. The police do not have enough witnesses to charge her so she can be released on bail.
She can be released when waiting for trial, she have to brought to the judicature in all four
calendar week, so the court can review he detention. If the court will extend her detention then
she can appeal against that extension in the High Court. If she faces maximum penalty under six
years in prison then the maximum pre trial period will be six months. If the maximum sentence is
more than six years then she can be detained for a one year before trial begin. The limits will for
pre attempt will be extend in certain circumstances. In the matter of pre trial detainment, a
national defender will be nominated for her and he will do all the proceeding for her and request
for release will be put more often forward by the public defender. The provision of bail is
mentioned under the law of UK and bail is granted without money deposition.
c) If Sophia is charged with an offence, explain the procedure in relation to mode of
trial.
Sophia if charged for theft then the procedure for trial take place. The trial will be starts
usually with the opening speech from the prosecution. Most of the evidence will be conferred by
mouth and informant will be questioned by criminal prosecution, defendants attorney and the
magistrate. The criminal prosecution and our attorney will make concluding speeches in aid of
their suit. In the end of the trial Sophia will also get the opportunity to speak. Sophie have to be
present when hearing takes place. If she was not being present there then the trial will be
postponed or will not take place. Both the attorney and criminal prosecution can call and cross
analyse the witnesses. An interpreter will be provided if any on of them do not know the
language of UK, he will be provided at no cost to her. He will also translate the crucial court
written document so that she can realize the accusations against her and can be defended. The
victim can also take part in trial as a witness. The copy of the judgement of the court will be
provided . If she wants this copy in any other language then the cost of translation will be paid by
her.
d) What advice would you give Sophia in relation to Mode of Trial?
Sophia will have to be present in every trial all the witnesses have to be examined. She
have to remain silent in the police interrogation, this will affect the case. The application for

early execution will be filed under the court, this was the error of the computer and there is no
fault from the side of Sophia as she was studying for five hours continuously. Her trial will take
place for a reasonable time. We will sort a request to the judicature for review the progression of
the suit and we will fit a time table for her vicious proceeding, if there is any type of delay in her
case. you have to be present in the court before the judge if you did not present in your trial then
the proceeding will be delayed or will not take place at that time. In many of the case there is
jury of one professional jurist and two lay justice. But in this lawsuit you will be tested by a
single justice. We will cross examine the witnesses, CCTV footage will be considered as a
evidence and this will provide us some strong proof to be proved innocent. We will cross
examine the security guard and the manager of that store who all were present there. We will
also apply for examination of computer system by experts and the scanning process of that
machine. The CCTV footage will give the clarification that you have scanned all the products
and this is a fault of computer. The victim can take part in the trial process as a witness and he
can also be cross examined. The tribunal will communicate you of there conclusion of the day of
trial, if they can not ambit and communicate you of its determination at a later phase, they will
tell you within few days. You will also receive the copy of the judgement.
CONCLUSION
The common law rule that if the negligence of plaintiff or defendant will contribute in the degree
of the death or injury, if the action failed, it was illogical and the origin will be possibly with the
procedural and pleads anomalies of common law. This reform will come by the legislation which
is been shaped with the Law Reform, Contributory Negligence Act, 1945. Section 1 (1) of this
act provides that a person or persons will claim for a damage which will not defeated by any
fault of a person which suffers the damage, the damages will be revoked when there shall be
reduced to an extent which a court thinks just and reasonable this have regard to the claimant’s
share in respect to responsibility for damages. This will notify that the act of 1945 has altered all
the legal consequences of the contributory negligence but the contributory negligence is there or
not will remain same in general rules. Section 4 of this act defines Damage which includes
personal injury, loss of life and fault, this means negligence. The breach of duty or any other act
or omission which give increase to liability in tort. There is no corresponding act but the
provisions of the English Act have been followed till now, with the preference to the common

law. This will being more in consonance with equity, good conscience and justice. This act made
it possible for the judges to easily implement the awards of damages to the plaintiffs who were in
part of the negligence, for causing the injury. If the plaintiff is at all negligent then no damages
will be awarded. When a state brought a scheme into operation, the plaintiff will no longer claim
any maintenance and suing for common law damages.

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